Business Licensing Regulations

Business Licensing Overview

Requirements and Applications

The Village requires many types of businesses located within Mundelein to obtain a business license. Not all businesses within Mundelein are required to obtain a license, however. The following types of businesses do have an obligation to apply for a business license:

Amusement and Entertainment

Auctioneers

Automatic Vending Machines

Automobile/Trailer Rentals

Bakeries

Banks

Car Washes

Tobacco Vending Establishments

Contractors (Carpentry, HVAC, Roofing, and others.)

Dry Cleaners

Fire Extinguisher Services

Flammable Bulk Storage

Florists

Food Refrigeration Plans

Furnace Cleaning and Repair

Grocery Stores and Markets

Hotels and Motels

Junk, Rags, and Wrecked Motor Vehicles

Laundries

Lumberyards

Outdoor Advertising

Paints and Oils

Pawnbrokers

Itinerant Vendors

Public Parking Lots and Garages

Repair Shops

Restaurants

Roominghouses

Scavengers and Garbage Disposal

Secondhand Articles

Service Stations

Storage Yards

Used Car Dealers

Warehouses

Watchman or Patrol Services

Outdoor Spraying Applicators

Routemen

Additional businesses that require a business license to operate in Mundelein:

Adult-Oriented Businesses

Dealers in Secondhand Goods

Liquor Stores

Massage Therapy Establishments

Taxicabs

Video Game Establishments

This list provided is to assist you with the business licensing process, however, it is not necessarily comprehensive. Please refer to the Village’s ordinances regarding business licensing, which are featured below, for a complete list of which businesses are required to be licensed .

If your business is required to obtain a business license, please click the link below and fill out the form provided. Should you have any questions or concerns, please contact the Village’s Building Department at (847)949-3283.

Business Licensing Regulations

No person, firm or corporation shall conduct, engage in, maintain, operate or carry on any business, occupation, activity or establishment, either by himself or itself, or through an agent, employee or partner, for which a license or permit is required by any ordinance of the village of Mundelein, without first having obtained a license or permit for such business, occupation, activity or establishment. (Ord. 79-4-13 1)

5.04.020 Applications

Applications for licenses and permits shall be filed with the village clerk in writing on a form provided for that purpose, except as otherwise provided.

If the applicant is an individual or sole proprietorship, the application shall contain his name, business name, if any, business and residence addresses and business and residence telephone numbers. If the applicant is a partnership or other noncorporate business entity, the application shall contain the business names, if any, address and telephone number of the partnership or other entity, and the names and residence addresses and residence telephone numbers of each partner or member thereof. If the applicant is a corporation, the application shall contain the name of the corporation and its address and telephone number and the names, residence addresses and residence telephone numbers of each officer and director thereof, and if a majority in interest of the stock of such corporation is owned by one person or his nominee or nominees, the application shall also contain the name, residence address and residence telephone number of such person.

Each application shall also contain:

A designation of the type or kind of license or permit desired;

The location or proposed location of the place of business, occupation, activity or establishment;

The applicable fee to be paid as provided by any village ordinance;

The number of the certificate of registration required under the Illinois Statutes relating to retailer s occupation tax, service occupation tax, and/or use tax, if applicable; and

Such additional information as may be needed by village officials in evaluating such application, including evidence of any insurance policy or bond required by any village ordinance. (Ord. 01-11-43 1, 2001; Ord. 01-04-13 1 (part), 2001; Ord. 79-4-13 2)

5.04.030 Inspection or Investigation

Upon receipt of an application for a license or permit, if an inspection or investigation is required by any village ordinance before the issuance of such license or permit, the village clerk shall promptly refer such application to the village official who is responsible for making such inspection or investigation. Such village official shall make such inspection or investigation and deliver a written report thereon to the village clerk within ten days after receiving the application or a copy thereof. (Ord. 79-4-13 3)

5.04.040 Issuance of License or Permit

All applications and inspection and/or investigation reports, if applicable, shall be promptly delivered to the mayor for review and approval or disapproval. If approved, the license or permit shall be signed by the mayor, attested by the village clerk and issued. If disapproved, the mayor shall indicate the reasons therefor in writing on the application and the applicant shall be notified thereof by the village clerk. (Ord. 79-4-13 4

5.04.050 Fees

All fees and/or charges for licenses or permits shall be deposited with the village clerk at the time the application is filed. When application for an annual license or permit is made after the expiration of six months of the current license or permit year, the license or permit for the remainder of the year shall be issued upon the deposit of one-half the annual fee and/or charge. (Ord. 79-4-13 5)

5.04.060 Expiration and Renewal

Unless otherwise provided, all licenses and permits shall expire on the last day of April each year. Such licenses and permits shall be reissued upon the filing and approval of a new application and the deposit of the fee and/or charge therefor with the village clerk. Prior to approving such new application, the mayor may request a reinspection and/or reinvestigation in cases in which he deems it appropriate. No license or permit shall be renewed or reissued if the licensee, applicant, business, activity or establishment owes any monies to the village for fees, penalties, fines, or charges in connection with the business, activity occupation or establishment. (Ord. 01-04-13 1 (part), 2001; Ord. 79-4-13 6)

5.04.070 Building and Premises

UNo license or permit shall be issued for any business, occupation, activity or establishment unless the building and premises to be used fully comply with all ordinances, codes, rules and regulations of the village and the statutes of the State of Illinois. (Ord. 79-4-13 7)

5.04.080 Nuisances Prohibited

No business, occupation, activity or establishment, whether or not a license or permit has been issued therefor, shall be conducted, operated, maintained or carried on so as to constitute a nuisance. (Ord. 79-4-13 8)

5.04.090 Inspections and Analysis

Inspections at reasonable times may be made by authorized village officials or employees of any building or premises used for or in connection with the operation of a business, occupation, activity or establishment for which a license or permit has been applied, or when issued, and the licensee, permittee or the person in charge of the building or premises shall allow such an inspection.

Whenever an analysis of any commodity or material is reasonably necessary to assure compliance with the provisions of any village ordinance, code, rules or regulations, or to detect violations thereof, the licensee, permittee or the person in charge of the building or premises shall furnish any authorized village official or employee sufficient samples of such material or commodity for such analysis upon request. (Ord. 79-4-13 9)

5.04.100 Revocation and suspension

In addition to any fine or other penalty which may be provided, the mayor and board of trustees may, upon notice and hearing as hereinafter provided, suspend for not more than thirty days or revoke the license or permit of any licensee or permittee:

Who refuses, or whose employee or employees refuse to permit any authorized official or employee of the village to inspect any building or premises or furnish samples for analysis as provided herein or who interferes with such official or employee while in the performance of his duty in making such inspection or obtaining such samples;

Who violates this ordinance or any other ordinance affecting the business, occupation, activity or establishment for which a license or permit has been issued;

Who has committed any fraud or misrepresentation or made a false statement in the application for the license or permit;

Who has been convicted of a felony or misdemeanor involving the business, occupation, activity or establishment for which a license or permit has been issued or for the possession of stolen property or for deceptive trade or similar practices;

Who has failed or refused to pay any fine or penalty or charge owing to the village.

Whenever there is any alleged violation of the matters described above, the licensee or permittee shall be given notice of such alleged violation by personal service or by registered or certified mail (return receipt requested) addressed to the licensee or permittee at the address shown on the application for license or permit. The notice shall also state that because of such alleged violation the license or permit of the licensee or permittee is subject to either suspension or revocation and that there will be a hearing by the mayor and board of trustees in the Village Hall to determine if the license or permit should be revoked or suspended.

Said notice shall state the exact date and time of the hearing, which in no case shall be less than five days nor more than ten days after the date the notice is personally served or mailed.

At the time and place designated in the notice, the mayor and board of trustees will convene to determine if the license or permit should be suspended or revoked. The mayor and board of trustees shall take testimony and hear witnesses at said hearing and within five days thereof notify the licensee or permittee of their decision.

It shall be unlawful during the period of any suspension for the licensee or permittee to operate the business, occupation, activity or establishment for which the license or permit was issued.

In the event that a license or permit has been suspended or revoked, the licensee or permittee may at any time thereafter make application for the reinstatement of the license or permit. Within one week after the receipt of a sworn statement signed by the licensee or permittee that the violation no longer exists, the mayor and board of trustees may, in their discretion, reinstate the license or permit under such terms and conditions as they determine to be warranted under the circumstances. (Ord. 79-4-13 10)

5.04.110 Appeal Procedure

Any applicant, licensee or permittee with respect to whom the mayor has disapproved the issuance or reissuance of a license or permit shall have the right to appeal to the board of trustees. Such appeal shall be taken by filing with the village clerk within ten days after notice of such disapproval, a sworn statement setting forth specifically the grounds for appeal. The board of trustees shall thereupon set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the applicant or licensee or permittee in the same manner as provided in Section 5.04.100. The decision of the board of trustees on such appeal shall be final. (Ord. 79-4-13 11)

5.04.120 License to be posted--Destruction or removal prohibited unless authorized

All licensees and permittees shall keep the license or permit certificate, plate, tag, badge or sticker posted at all times in a conspicuous place on the building or premises used for the business, occupation, activity or establishment for which such license or permit is issued.

No person shall destroy, obliterate, take, remove or carry away without the consent of the licensee or permittee any certificate, plate, tag, badge or sticker which has been issued by the village except when such certificate, plate, tag, badge or sticker has expired or been revoked or suspended or the building or premises for which the license or permit is issued has been abandoned.

In the event that a license or permit is revoked or suspended, an authorized village official or employee may remove the certificate, plate, tag, badge or sticker relating thereto from the building or premises on which it is posted if the licensee or permittee fails or refuses to forthwith surrender it upon receiving notice of the revocation or suspension. (Ord. 79-4-13 12)

5.04.130 Licenses not assignable--Unlawful use

No license or permit may be assigned, sold, loaned, transferred, used as collateral or otherwise encumbered. No person, firm or corporation shall use or display any license or permit certificate, plate, tag, badge or sticker which has been improperly acquired. No person, firm or corporation shall alter, deface, forge or counterfeit any license or permit certificate, plate, tag, badge or sticker issued by the village. (Ord. 79-6-13 13)

5.04.140 Separate licenses or permits required for each location

No license or permit for a business, occupation, activity or establishment in the village shall be construed to permit its operation in more than one location in the village; a separate license or permit shall be required for each location. For the purpose of this ordinance, the existence of a single location shall be evidenced by the fact that all buildings and premises containing the principal and accessory uses shall be

connected or situated on the same or adjoining lots or parcels, and

owned or leased by the same person, firm or corporation. Unless otherwise provided, the location of any such business, occupation, activity or establishment may be changed upon written notification to the village clerk and the payment of a one-dollar transfer fee. (Ord. 79-4-13 14)

5.04.150 Separate licenses or permits required for each business

Unless otherwise provided in this chapter or another ordinance, any person who conducts, engages in, maintains, operates or carries on more than one business, occupation, activity or establishment for which a license or permit is required, regardless of whether or not they are operated out of the same building or premises, shall apply for and obtain a separate license or permit for each such business, occupation, activity and establishment. (Ord. 79-4-13 15)

5.04.160 Penalties--Enforcement

Any person, firm or corporation convicted of violating any provisions of this chapter shall be deemed to be guilty of a misdemeanor and subject to a fine of not less than ten dollars and not more than five hundred dollars and/or imprisoned for a period not exceeding six months, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

Whenever a person, firm or corporation neglects or refuses to apply for and obtain any license or permit required by this chapter or any other village ordinance, or otherwise violates the provisions of this chapter, the village may cause appropriate legal action and proceedings, in law or equity, to be instituted and maintained to enforce the license or permit requirement. (Ord. 79-4-13 16)

Chapter 5.08 LICENSE FEES AND REQUIREMENTS

5.08.010 Generally

The following businesses, occupations, activities and establishments listed in this chapter, which are conducted, engaged in, maintained, operated or carried on in the village of Mundelein shall be required to have a license and to pay the license fee as set forth in the following sections. (Ord. 79-4-14 1 (part))

5.08.020 Minimum fee

There shall be a minimum business license fee in the sum of fifty dollars per year for each business licensed under this chapter. (Ord. 79-4-14 2)

5.08.025 Late fee

A late payment penalty of ten dollars will be added to the license fee charged for any application received after May 1st, said fee will be added to the license fee charged. A late payment penalty of twenty dollars will be added to the license fee charged for any application received after June 1st, said fee will be added to the license fee charged. The late payment penalty will also apply to half-year licenses. (Ord. 88-7-48 1)

5.08.030 Amusements

The license fees for the following amusements, entertainments, and exhibitions for profit or gain or for admission to which the public is required to pay a fee are as follows:

First Class. Entertainments of a theatrical, dramatic, variety or spectacular character and exhibitions of natural or artificial curiosities: one hundred dollars per year or ten dollars per day if for a period of less than ten days;

Second Class. Exhibitions of moving pictures, closed circuit television and similar shows: fifty dollars per year;

Third Class. Circuses, sideshows, menageries, concerts, caravans and other entertainment under a covering of canvas; also, carnivals, animal shows or rides, automobile and recreational vehicle shows and exhibitions and displays of fireworks: fifty dollars per day;

Fourth Class. Establishments wherein the following amusements are operated:

Bowling alleys: thirty-five dollars per year for each alley,

Billiard and pool tables: twenty-five dollars per year for each table,

The license fee for the sale or offering for sale of goods, wares and merchandise and/or real estate by taking bids thereon, except auctions held by court order, is one hundred dollars per year. (Ord. 79-4-14 1.02)

5.08.050 Automatic vending machines

With the exception of machines described in subsections (a) and (b) of this section, the license fee for establishments wherein coin-operated automatic vending machines are located, in which food, beverages, candy, confections or goods, wares and merchandise are sold, is twenty-five dollars per year for each of the first two machines and ten dollars per year for each additional machine located on the same premises.

The license fee for multiple, single-item vending machines, mounted on and affixed to a common base or standard, is twenty-five dollars for the first single item vending machine and five dollars for each additional single item machine attached to the common base.

No license is required for machines the operation of which requires a coin of less than five cents, or machines from which the proceeds are exclusively for the benefit of a charitable organization. (Ord. 97-3-10 1: Ord. 79-4-14 1.03)

5.08.060 Automobile and/or trailer rentals

The business license fee for the lease or rental of automobiles and/or trailers is fifty dollars per year. (Ord. 79-4-14 1.04)

5.08.070 Bakeries

The license fee for establishments wherein food composed principally of cereal ingredients is prepared, sold or offered for sale is fifty dollars per year. (Ord. 79-4-14 1.05)

5.08.080 Banks

The license fee for establishments wherein the services of a bank, savings and loan association or similar financial institution are provided is fifty dollars per year. (Ord. 79-4-14 1.06)

5.08.090 Car washes

The license fee for establishments wherein equipment is located for washing, cleaning, waxing and/or polishing automobiles or other motor vehicles whether by attendants or coin-operated devices is fifty dollars per year. (Ord. 79-4-14 1.07)

5.08.100 Cigarettes, cigars and tobacco vending establishments

The license fee for:

Establishments wherein cigarettes, cigars, tobacco or tobacco products are sold or offered for sale over the counter is fifty dollars per year;

Establishments wherein automatic vending machines are located in which cigarettes, cigars, tobacco or tobacco products are sold whether or not coin-operated is twenty-five dollars per year for each machine. (Ord. 84-4-5 2; Ord. 79-4-14 1.08)

5.08.110 Contractors

The license fee for engaging in the following types of contracting work is fifty dollars per year per type of contracting work licensed.

Carpentry (including siding);

Excavating;

HVAC (including heating, air conditioning or refrigeration);

House raising or shoring;

Insulating;

Landscape construction;

Masonry;

Paving;

Razing or moving a structure;

Roofing;

Sewer work.

For the purposes of licensing herein, each type of contracting work listed above shall be considered as a separate trade and shall require payment of the required fee. (Ord. 02-12-54 1)

5.08.120 Dry cleaners

The license fee for establishments wherein clothing, drapes and other nonwashable fabrics are chemically dry cleaned, including outlets where such items are dropped off and picked up even though the dry cleaning is done elsewhere, is fifty dollars per year. (Ord. 79-4-14 1.10)

The license fee for establishments other than service stations where flammable liquids or gases are stored or kept for sale in tanks or containers having a capacity of one hundred gallons or more is one hundred dollars per year.

If an establishment has been issued a fire department permit for flammable/combustible liquids as required under Section F-107.2 of the Mundelein Fire Protection Code, and provides proof of such permit, the business license fee shall be reduced by any fee paid to the fire department. (Ord. 97-3-8 1: Ord. 79-4-14 1.12)

5.08.150 Florists

The license fee for establishments wherein flowers, plants, trees or shrubs are sold or offered for sale is fifty dollars per year. (Ord. 79-4-14 1.13)

5.08.160 Food refrigeration plants

The license fee for establishments wherein compartments are rented or leased for the refrigeration of food is fifty dollars per year. (Ord. 79-4-14 1.14)

5.08.170 Furnace cleaning and repair service

The license fee for engaging in the cleaning, repairing or servicing of furnaces, boilers and other heating equipment or appliances is fifty dollars per year. (Ord. 79-4-14 1.15)

5.08.180 Groceries or markets

The license fee for establishments wherein meat, poultry, fish, seafood, fruits, vegetables, milk, dairy products and other food and beverages are sold or offered for sale, whether fresh, frozen, or sold in cans, bottles, boxes, cartons or other containers is twenty-five dollars per year for each check-out counter. (Ord. 79-4-14 1.16)

5.08.190 Hotels or motels

The license fee for establishments wherein sleeping accommodations for twenty or more persons are furnished to transients on a daily basis is one dollar fifty cents per year for each sleeping room. (Ord. 84-4-5 3; Ord. 79-4-14 1.17)

5.08.200 Junk, rags and wrecked motor vehicles

The license fee for establishments which deal in or with junk, rags, wrecked motor vehicles or parts thereof and similar items is fifty dollars per year. (Ord. 79-4-14 1.18)

5.08.210 Laundries

The license fee for establishments wherein clothing, linens, towels and other washable fabrics are washed or laundered, including outlets where such items are dropped off and picked up even though the washing or laundering is done elsewhere; also, establishments wherein automatic washing machines and/or dryers are located for use by the general public whether or not coin-operated is fifty dollars per year. (Ord. 79-4-14 1.19)

5.08.220 Lumberyards

The license fee for establishments wherein lumber, millwork, wood, timber or other similar combustible materials are stored or kept for sale is fifty dollars per year. (Ord. 79-4-14 1.20)

5.08.230 Outdoor advertising

The license fee for engaging in the business of placing, posting or painting any advertisements, notices or displays in or on any place which is visible from any street, sidewalk, alley or other public place is fifty dollars per year. (Ord. 79-4-14 1.21)

5.08.240 Paints and oils

The license fee for establishments wherein paints and/or oils used in painting are stored or kept for sale in barrels, drums, tanks, or containers having a capacity of fifty gallons or more is fifty dollars per year.

If an establishment has been issued a fire department permit for flammable/combustible liquids as required under Section F-107.2 of the Mundelein Fire Protection Code, and provides proof of such permit, the business license fee shall be reduced by any fee paid to the fire department. (Ord. 97-3-8 2: Ord. 79-4-14 1.22)

5.08.250 Pawnbrokers

The license fee for establishments wherein money is loaned on the deposit or pledge of personal property, or which deal in the purchase of personal property on the condition of selling same back at a stipulated price, is fifty dollars per year. (Ord. 79-4-14 1.23)

5.08.260 Itinerant vendors

Persons engaged in business for profit, who conduct a temporary or transient business in the village of selling commodities, articles or services with the intention of continuing such business, uses, leases or occupies all or part of any parking lot, driveway, or other portion of any private or public property or vacant lot in the village for the display of such commodities or articles, or in connection with the offering of such services where such outdoor activities are permitted by the zoning codes: fifty dollars per year for each salesperson. (Ord. 93-5-13 1)

5.08.270 Public parking lots or garages

The license fee for parking or storing automobiles or other motor vehicles for the general public on an outside lot or within a building is fifty dollars per year. (Ord. 79-4-14 1.25)

5.08.280 Repair shop

The license fee for establishments wherein automobiles or other motor vehicles, bicycles, lawnmowers, outboard motors, televisions, radios, appliances and other similar items are repaired or serviced is fifty dollars per year. (Ord. 79-4-14 1.26)

5.08.290 Restaurants

Permanent. The license fee for establishments wherein food and/or beverages is prepared and/or sold or offered for sale, including, but not limited to, restaurants, coffeeshops, cafeterias, cafes, luncheonettes, drive-ins, taverns, cocktail lounges, sandwich stands, banquet halls, as well as kitchens where food is prepared for consumption at another location, including caterers, is fifty dollars per year.

Itinerant. The license fee for preparing and/or selling or offering for sale food and/or beverages from a motor vehicle, trailer or movable or temporary structure is one hundred dollars per year for each motor vehicle trailer or structure. (Ord. 79-4-14 1.27)

5.08.300 Roominghouses

The license fee for establishments wherein lodging is provided on a weekly, monthly or other basis (as distinguished from hotels or motels) including roominghouses, lodginghouses, boardinghouses and similar places is fifty dollars per year. (Ord. 79-4-14 1.28)

5.08.310 Scavengers and garbage disposal

The license fee for engaging in the business of picking up, moving or disposing of garbage, refuse, debris or waste in solid or liquid form is one hundred dollars per year. (Ord. 79-4-14 1.29)

5.08.320 Secondhand articles

The license fee for establishments wherein secondhand or used goods, wares or merchandise are sold or offered for sale, except garage sales held not more than two weekends every year by residents of the village who are not engaged therein as a business, is fifty dollars per year. (Ord. 79-4-14 1.30)

5.08.330 Service stations

The license fee for establishments wherein gasoline, oil or other highly volatile fuels are stored and dispensed into the fuel tanks of automobiles or other motor vehicles, whether or not such fuel is sold, offered for sale or maintained for the private use of the owner and his employees is twenty dollars per year for each nozzle. (Ord. 79-4-14 1.32)

5.08.340 Storage yard

The license fee for establishments wherein coal, stone, gravel, sand, cement, pipe and other similar noncombustible materials are stored or kept for sale is fifty dollars per year. (Ord. 79-4-14 1.31)

5.08.350 Used car dealers

The license fee for establishments wherein used or secondhand automobiles or other motor vehicles are sold or offered for sale is one hundred dollars per year. (Ord. 79-4-14 1.33)

5.08.360 Warehouses

The license fee for establishments wherein furniture, appliances, goods, wares, merchandise and similar items are stored or kept for sale within a building or on an outside lot, including mini-warehouses where units are leased or rented for storage is fifty dollars per year for each building or separate outside lot. (Ord. 79-4-14 1.34)

5.08.370 Watchman or patrol service

Engaging in the business of furnishing watchman or patrol services, except that no license or fee shall be required from a person, firm or corporation holding a validly issued and then current license from the state of Illinois Department of Registration and Education pursuant to "An Act Providing for Licensing and Regulating Detectives and Detective Agencies and to safeguard the interest of the public." Ill. Rev. Stat., Ch. 111, 2.601, et seq. (Ord. 86-3-4 1(A))

5.08.371 Outdoor spraying applicators

Engaging in the business of spraying, dusting or otherwise applying pesticides, rodenticides, insecticides, herbicides, larvacides, anicides or fungicides on lawns, yards and grounds, except that no license or fee shall be required from a person, firm or corporation holding a validly issued and then current license from the state of Illinois Department of Registration and Education pursuant to an "An Act in relation to tree experts," Ill. Rev. Stat., Ch. 111, 6701, et seq. (Ord. 86-3-4 1(B))

5.08.372 Routemen

Engaging in the business of making deliveries on regularly established routes within the village of Mundelein or other persons having an established list of customers within the village of Mundelein to whom they make periodic deliveries. Licensed routemen may solicit door to door without having a certificate of registration under Chapter 5.88 provided that those soliciting orders of foodstuffs as defined in Chapter 5.94 shall not sell or offer for sale foodstuffs for immediate delivery. (Ord. 86-3-4 1(C))

Article II. Requirements

5.08.380 License application

All persons, firms or corporations who conduct, engage in, maintain, operate or carry on any business, occupation, activity or establishment, either by himself or itself, or through an agent, employee or partner, for which a business license is required by this chapter shall make application for and obtain such business license under the village ordinance providing therefor. Prior to issuing any license required by this chapter, the building and premises used or proposed to be used for such business, occupation, activity or establishment shall be inspected by the appropriate village official or officials for compliance with all village codes, ordinances, rules and regulations, including the requirements of this chapter, as well as all statutes of the state of Illinois. Also, prior to the reissuance of any license required by this chapter, such building and premises shall be reinspected if directed by the mayor. (Ord. 79-4-14 13)

5.08.390 Compliance with zoning, building, fire and health codes

The building and premises used in any business, occupation, activity or establishment licensed under this chapter shall comply with all village zoning, building, fire and health codes and ordinances, as well as all other applicable village codes, ordinances, rules and regulations and shall be maintained in good repair, free of litter and debris and kept in a safe condition for employees, customers and other persons present therein or thereon.(Ord. 79-4-14 § 11)

5.08.400 - Compliance with statutes—Nuisances prohibited.

The businesses, occupations, activities and establishments licensed under this chapter shall comply with all statutes of the state of Illinois and shall not be conducted, operated, maintained or carried on so as to constitute a nuisance.(Ord. 79-4-14 § 12)

5.08.410 - Toilets and lavatories.

All toilets and lavatories in establishments licensed under this chapter shall have handwashing facilities, including hot and cold running water, soap dispensers and sanitary towels, and shall be kept clean, well lighted and ventilated. (Ord. 79-4-14 10)

5.08.420 Amusements

All establishments wherein there are bowling alleys, billiard or pool tables or ten or more coin-operated automatic amusement machines and/or jukeboxes shall have a supervisor present at all times when open to the public.

No gambling, raffle, lottery or chance gift distribution of money or articles of value shall be permitted on any premises wherein a business, occupation, activity or establishment is licensed under this chapter.

No license shall be required for any amusement, entertainment or exhibition given by residents of the village who are not engaged therein as a business for personal profit or gain and the proceeds of which are exclusively for the benefit of a charitable organization. (Ord. 79-4-14 1.01(b)--(d))

5.08.430 Charitable organizations

"Charitable organization" as used in this chapter means any church, hospital or similar organization located in the village or other not-for-profit corporations registered with the Illinois Attorney General s Charitable Trust Division under "An Act to Regulate Solicitation and Collection of Funds for Charitable Purposes." (Ord. 79-4-14 14)

5.08.440 Coin-operated vending machines

All food, beverages, candy and confections sold or offered for sale in coin-operated automatic vending machines shall at all times be wholesome, free from spoilage, and safe for human consumption and such machines shall be maintained in a clean and sanitary condition. All employees handling such food, beverages, candy and confections shall conform to the requirements set forth in Section 5.08.490 for employees of restaurants, bakeries, groceries and markets. (Ord. 79-4-14 4)

5.08.450 Contractors

Contractors licensed under this chapter shall maintain their equipment and work areas in a safe condition, cover all openings and excavations and keep their work areas free of litter and debris. (Ord. 79-4-14 9)

5.08.460 Food refrigeration plants

The lockers in food refrigeration plants shall be maintained in a clean, sanitary condition and the temperatures maintained therein shall be adequate to keep the food stored therein free from spoilage. (Ord. 79-4-14 5)

5.08.470 Hotels, motels and roominghouses

Sleeping rooms in hotels, motels and roominghouses, together with the furniture, furnishings, fixtures, mattresses and linens used therein, shall be maintained in a clean and sanitary condition. (Ord. 79-4-14 6)

5.08.480 Lumberyards and warehouses

Combustible materials stored in lumberyards, warehouses, and other establishments licensed under this chapter shall be kept away from heating and other equipment with open flames so as to prevent fires or other hazards to the safety of persons and property in the vicinity thereof. Each such establishment shall be equipped with one or more fire extinguishers as needed. No smoking shall be permitted in close proximity to such materials and "No Smoking" signs shall be conspicuously displayed in such areas. (Ord. 79-4-14 8)

5.08.490 Restaurants, bakeries, groceries and markets

All food and beverages prepared, stored, served, sold or offered for sale in restaurants, bakeries, groceries, markets and other establishments licensed under this chapter shall at all times be wholesome, free from spoilage, and safe for human consumption.

No person who is affected with a communicable disease or is a carrier of such disease shall work in any such restaurant, bakery, grocery, market or other establishment and the owner thereof shall not employ or continue to employ any person with respect to which he has reason to believe has such a disease or is such a carrier.

All employees of such restaurants, bakeries, groceries, markets or other establishments shall wear clean outer garments and shall keep their hands clean at all times while handling food or beverages.

All dishware, silverware, glassware and other multi-use utensils used in restaurants and other eating and drinking places shall be thoroughly cleaned and disinfected after each use.

Kitchens and other places where food and beverages are prepared and stored, together with all equipment used therein, shall be maintained in a clean and sanitary condition. (Ord. 79-4-14 3)

Gasoline, flammable liquids and gases, paints and oils, dry-cleaning chemicals and other highly volatile substances stored in service stations, flammable bulk storage sites, paint and oil establishments, dry-cleaning plants and other establishments licensed under this chapter shall be kept in tanks, barrels, drums or other containers which are properly constructed and maintained in good condition so as to prevent fires, explosions or other hazards to the safety of persons and property in the vicinity thereof. Each such establishment shall be equipped with one or more chemical fire extinguishers as needed. No smoking shall be permitted in close proximity to such tanks, barrels, drums or containers and "No Smoking" signs shall be conspicuously displayed in such areas. (Ord. 79-4-14 7)

5.08.510 Penalties--Enforcement

Any person, firm or corporation convicted of violating any provisions of this chapter shall be deemed to be guilty of a misdemeanor and subject to a fine of not less than ten dollars and not more than five hundred dollars and/or imprisoned for a period not exceeding six months, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

Whenever a person, firm or corporation violates any of the provisions of this chapter, the village may cause appropriate legal actions and proceedings in law or in equity to be instituted and maintained to enforce compliance with this chapter. (Ord. 79-4-14 15)

Chapter 5.12 TELECOMMUNICATIONS

5.12.010 Definitions

As used in this chapter, the following terms shall have the following meanings:

"Gross charges" means the amount paid to a telecommunications retailer for the act or privilege of originating or receiving telecommunications within the village, and for all services rendered in connection therewith, valued in money whether paid in money or otherwise, including cash, credits, services, and property of every kind or nature, and shall be determined without any deduction on account of the cost of such telecommunications, the cost of the materials used, labor or service costs, or any other expense whatsoever. In case credit is extended, the amount thereof shall be included only as and when paid. "Gross charges" for private line service shall include charges imposed at each channel point within the village, charges for the channel mileage between each channel point within the village, and charges for that portion of the interstate inter-office channel provided within the village. However, "gross charges" shall not include:

Any amounts added to a purchaser s bill because of a charge made under: (i) the fee imposed by this section, (ii) additional charges added to a purchaser s bill under Section 9-221 or 9-222 of the Public Utilities Act, (iii) amounts collected under Section 8-11-17 of the Illinois Municipal Code, (iv) the tax imposed by the Telecommunications Excise Tax Act, (v) 9-1-1 surcharges, or (vi) the tax imposed by Section 4251 of the Internal Revenue Code;

Charges for a sent, collect telecommunication received outside the village;

Charges for leased time on equipment or charges for the storage of data or information or subsequent retrieval or the processing of data or information intended to change its form or content. Such equipment includes, but is not limited to, the use of calculators, computers, data processing equipment, tabulating equipment, or accounting equipment and also includes the usage of computers under a time-sharing agreement;

Charges for customer equipment, including such equipment that is leased or rented by the customer from any source, wherein such charges are desegregated and separately identified from other charges;

Charges to business enterprises certified under Section 9-222.1 of the Public Utilities Act to the extent of such exemption and during the period of time specified by the village;

Charges for telecommunications and all services and equipment provided in connection therewith between a parent corporation and its wholly owned subsidiaries or between wholly owned subsidiaries, and only to the extent that the charges between the parent corporation and wholly owned subsidiaries or between wholly owned subsidiaries represent expense allocation between the corporations and not the generation of profit other than a regulatory required profit for the corporation rendering such services;

Bad debts ("bad debt" means any portion of a debt that is related to a sale at retail for which gross charges are not otherwise deductible or excludable that has become worthless or uncollectible, as determined under applicable federal income tax standards; if the portion of the debt deemed to be bad is subsequently paid, the retailer shall report and pay the tax on that portion during the reporting period in which the payment is made);

Charges paid by inserting coins in coin-operated telecommunications devices; or

Charges for telecommunications and all services and equipment provided to the village.

"Public right-of-way" means any municipal street, alley, water or public right-of-way dedicated or commonly used for utility purposes, including utility easements wherein the village has acquired the right and authority to locate or permit the location of utilities consistent with telecommunications facilities. "Public right-of-way" shall not include any real or personal village property that is not specifically described in the previous sentence and shall not include village buildings and other structures or improvements, regardless of whether they are situated in the public right-of-way.

"Retailer maintaining a place of business in this state," or any like term, means and includes any retailer having or maintaining within the state of Illinois, directly or by a subsidiary, an office, distribution facilities, transmission facilities, sales office, warehouse, or other place of business, or any agent or other representative operating within this state under the authority of the retailer or its subsidiary, irrespective of whether such place of business or agent or other representative is located here permanently or temporarily, or whether such retailer or subsidiary is licensed to do business in this state.

"Sale of telecommunications at retail" means the transmitting, supplying, or furnishing of telecommunications and all services rendered in connection therewith for a consideration, other than between a parent corporation and its wholly owned subsidiaries or between wholly owned subsidiaries, when the gross charge made by one such corporation to another such corporation is not greater than the gross charge paid to the retailer for their use or consumption and not for sale.

"Service address" means the location of telecommunications equipment from which telecommunications services are originated or at which telecommunications services are received. If this is not a defined location, as in the case of wireless telecommunications, paging systems, maritime systems, air-to-ground systems, and the like, "service address" shall mean the location of the customer s primary use of the telecommunications equipment as defined by the location in Illinois where bills are sent.

"Telecommunications" means and includes, but is not limited to, messages or information transmitted through use of local, toll, and wide area telephone service, channel services, telegraph services, teletypewriter service, computer exchange services, private line services, specialized mobile radio services, or any other transmission of messages or information by electronic or similar means, between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite, or similar facilities. Unless the context clearly requires otherwise, "telecommunications" shall also include wireless telecommunications as hereinafter defined. "Telecommunications" shall not include value added services in which computer processing applications are used to act on the form, content, code, and protocol of the information for purposes other than transmission. "Telecommunications" shall not include purchase of telecommunications by a telecommunications service provider for use as a component part of the service provided by him or her to the ultimate retail consumer who originates or terminates the end-to-end communications. Retailer access charges, right of access charges, charges for use of intercompany facilities, and all telecommunications resold in the subsequent provision and used as a component of, or integrated into, end-to-end telecommunications service shall not be included in gross charges as sales for resale. "Telecommunications" shall not include the provision of cable services through a cable system as defined in the Cable Communications Act of 1984 (47 U.S.C. Sections 521 and following) as now or hereafter amended or cable or other programming services subject to an open video system fee payable to the village through an open video system as defined in the Rules of the Federal Communications Commission (47 C.D.F. 76.1550 and following) as now or hereafter amended.

"Telecommunications provider" means (1) any telecommunications retailer; and (2) any person that is not a telecommunications retailer that installs, owns, operates or controls equipment in the public right-of-way that is used or designed to be used to transmit telecommunications in any form.

"Telecommunications retailer" or "retailer" or "carrier" means and includes every person engaged in the business of making sales of telecommunications at retail as defined in this section. The village may, in its discretion, upon application, authorize the collection of the fee hereby imposed by any retailer not maintaining a place of business within this state, who, to the satisfaction of the village, furnishes adequate security to ensure collection and payment of the fee. When so authorized, it shall be the duty of such retailer to pay the fee upon all of the gross charges for telecommunications in the same manner and subject to the same requirements as a retailer maintaining a place of business within the village.

"Wireless telecommunications" means and includes cellular mobile telephone services, personal wireless services as defined in Section 704(C) of the Telecommunications Act of 1996 (Public Law No. 104-104), 42 U.S.C. Section 332(c)(7), as now or hereafter amended, including all commercial mobile radio services, and paging services. (Ord. 97-12-52 2)

5.12.020 Registration of telecommunications providers

Every telecommunications provider as defined by this chapter shall register with the village within thirty days after the effective date of the ordinance codified in this chapter or becoming a telecommunications provider, whichever is later, on a form to be provided by the village provided, however, that any telecommunications retailer that has filed a return pursuant to Section 5.12.040(c) of this chapter shall be deemed to have registered in accordance with this section.

Every telecommunications provider who has registered with the village pursuant to subsection (a) of this section has an affirmative duty to submit an amended registration form or current return as required by Section 5.12.040(c), as the case may be, to the village within thirty days from the date of the occurrence of any changes in the information provided by the telecommunications provider in the registration form or most recent return on file with the village. (Ord. 97-12-52 3)

5.12.030 Municipal telecommunications infrastructure maintenance fee

A village telecommunications infrastructure maintenance fee is hereby imposed upon all telecommunications retailers in the amount of one percent of all gross charges charged by the telecommunications retailer to service addresses within the village for telecommunications originating or received in the village.

Upon the effective date of the infrastructure maintenance fee authorized in this section, the village infrastructure maintenance fee authorized hereunder shall be the only fee or compensation for the use of all public rights-of-way within the village by telecommunications retailers. Imposition of the infrastructure maintenance fee provided under this section does not, however, serve as a limitation on the levying of any taxes or imposition of any fees otherwise authorized by law.

The village telecommunications infrastructure maintenance fee authorized by this section shall be collected, enforced, and administered as set forth in Section 5.12.040 of this chapter. (Ord. 97-12-52 4)

A telecommunications retailer shall charge to and collect from each customer an additional charge in an amount equal to the village infrastructure maintenance fee attributable to that customer s service address.

Unless otherwise approved by the village board, the infrastructure maintenance fee shall be remitted by the telecommunications retailer to the village not later than the last day of the month subsequent to the month in which a bill is issued to the customer; provided, however, that the telecommunications retailer may retain an amount not to exceed two percent of the village infrastructure maintenance fee collected by it to reimburse itself for expenses incurred in accounting for and remitting the fee.

Remittance of the municipal infrastructure fee to the village shall be accompanied by a return, in a form to be prescribed by the village administrator, which shall contain such information as the village administrator may reasonably require.

Any infrastructure maintenance fee required to be collected pursuant to this chapter, and any such infrastructure maintenance fee collected by such telecommunications retailer shall constitute a debt owed by the telecommunications retailer to the village. The charge imposed under subsection (a) of this section by the telecommunications retailer pursuant to this chapter shall constitute a debt of the purchaser to the telecommunications retailer who provides such services until paid and, if unpaid, is recoverable at law in the same manner as the original charge for such services.

If it shall appear that an amount of infrastructure maintenance fee has been paid that was not due under the provisions of this chapter, whether as a result of a mistake of fact or an error of law, then such amount shall be credited against any infrastructure maintenance fee due, or to become due, under this chapter, from the telecommunications retailer who made the erroneous payment; provided, however, the village administrator may request, and telecommunications retailer shall provide, written substantiation for such credit. However, no claim for such credit may be made more than three years after the date of the erroneous payment unless, (1) the credit is used only to offset a claim of underpayment made by the village within the applicable statutory period of limitations, and (2) the credit derives from an overpayment made by the same telecommunications retailer during the applicable statutory period of limitations.

Amounts paid under this chapter by telecommunications retailers shall not be included in the tax base under any of the following acts as described immediately below:

"Gross charges" for purposes of the Telecommunications Excise Tax Act;

"Gross receipts" for purposes of the municipal utility tax as prescribed in Section 8-11-2 of the Illinois Municipal Code;

"Gross charges" for purposes of the municipal telecommunications tax as prescribed in Section 8-11-17 of the Illinois Municipal Code;

"Gross revenue" for purposes of the tax on annual gross revenue of public utilities prescribed in Section 2-202 of the Public Utilities Act.

The village shall have the right, in its discretion, to audit the books and records of all telecommunications retailers subject to this chapter to determine whether the telecommunications retailer has properly accounted to the village for the village infrastructure maintenance fee. Any underpayment of the amount of the village infrastructure maintenance fee due to the village by the telecommunications retailer shall be paid to the village plus five percent of the total amount of the underpayment determined in an audit, plus any costs incurred by the village in conducting the audit, in an amount not to exceed five percent of the total amount of the underpayment determined in an audit. Said sum shall be paid to the village within twenty-one days after the date of issuance of an invoice for same.

The village administrator, or his or her designee, may promulgate such further or additional regulations concerning the administration and enforcement of this chapter, consistent with its provisions, as may be required from time to time and shall notify all telecommunications retailers that are registered pursuant to Section 5.12.020 of this chapter of such regulations. (Ord. 97-12-52 5)

5.12.050 Compliance with other laws

Nothing in this chapter shall excuse any person, or entity from obligations imposed under any law, including but not limited to:

Generally applicable taxes; and

Standards for construction on, over, under, or within, use of or repair of the public rights-of-way, including standards relating to free standing towers and other structures upon the public rights-of-way, as provided; and

Any liability imposed for the failure to comply with such generally applicable taxes or standards governing construction on, over, under, or within, use of or repair of the public rights-of-way; and

Compliance with any ordinance or provision of the Mundelein Municipal Code uses or structures not located on, over, or within the right-of-way. (Ord. 97-12-52 6)

5.12.060 Existing franchises and licenses

Any franchise, license, or similar agreements between telecommunications retailers and the village entered into before the effective date of the ordinance codified in this chapter regarding the use of public rights-of-way shall remain valid according to and for their stated terms except for any fees, charges or other compensation to the extent waived. (Ord. 97-12-52 7)

5.12.070 Penalties

Any telecommunications provider who violates, disobeys, omits, neglects, or refuses to comply with any of the provisions of this chapter shall be subject to a fine not less than fifty dollars, nor more than five hundred dollars, for each offense. Each day that a violation is permitted shall constitute a separate offense. (Ord. 97-12-52 8)

5.12.080 Enforcement

Nothing in this chapter shall be construed as limiting any additional or further remedies that the village may have for enforcement of this chapter. (Ord. 97-12-52 9)

5.12.090 Severability

If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof. (Ord. 97-12-52 10)

5.12.100 Conflict

This chapter supersedes all ordinances or parts of ordinances adopted prior hereto which are in conflict herewith, to the extent of such conflict. (Ord. 97-12-52 11)

5.12.110 Waiver and fee implementation

The village hereby waives all fees, charges, and other compensation that may accrue, after the effective date of the waiver, to the village by a telecommunications retailer pursuant to any existing village franchise, license, or similar agreement with a telecommunications retailer during the time the village imposes the telecommunications infrastructure maintenance fee. This waiver shall only be effective during the time the infrastructure maintenance fee provided for in this chapter is subject to being lawfully imposed on the telecommunications retailer and collected by the telecommunications retailer from the customer.

The village clerk shall send a notice of the waiver by certified mail/return receipt requested to each telecommunications retailer with whom the village has a franchise.

The village infrastructure maintenance fee provided for in this chapter shall become effective and imposed on the first day of the month not less than ninety days after the village provides written notice by certified mail to each telecommunications retailer with whom the village has an existing franchise, license, or similar agreement that the village waives all compensation under such existing franchise, license, or similar agreement during such time as the fee is subject to being lawfully imposed and collected by the retailer and remitted to the village. The infrastructure maintenance fee shall apply to gross charges billed on or after the effective date as established in the preceding sentence. (Ord. 97-12-52 12)

5.12.120 Filing with Illinois Department of Revenue

The village clerk shall file a certified copy of the ordinance codified in this chapter with the Illinois Department of Revenue on or before January 30, 1998, or on such other date as is provided by law. (Ord. 97-12-52 13)

Chapter 5.16 PAWNBROKERS

5.16.010 License required

No person, firm or corporation shall conduct, engage in, maintain, operate or carry on any business of a pawnbroker within the village of Mundelein, in which second hand goods, wares and merchandise, as defined herein, are deposited, pawned or pledged as collateral for the loan of money, either by himself or itself, or through an agent, employee or partner without first having obtained a license issued by the village of Mundelein, as provided herein for each separate place, premises or location where such business is to be conducted.(Ord. No. 10-10-62, § 1, 10-25-10)

5.16.020 Definitions

"Pawnbroker" means any individual, corporation, business, partnership or other entity (1) who loans money to persons who deposit, pawn, or pledge second hand goods, as defined herein, which are physically delivered to the lender as collateral for said loan or (2) who deals in the purchase of second hand goods, as defined herein, on the condition of selling them back at a stipulated price. The business of a pawnbroker shall not include the lending of money on the deposit, pawn or pledge of the title to second hand goods, as defined herein, which are not physically delivered to the lender. A pawnbroker licensed hereunder is sometimes referred to herein as the "licensee."

"Precious metals and stones" means any articles combining precious metals, including but not limited to silver, gold and platinum such as, but not limited to, commemorative coins or other items of memorabilia, United States or foreign currency, or any articles containing any genuine diamond, ruby, emerald, sapphire or pearl of any value and any other genuine stone or gem with a value of more than one hundred dollars.

"Second hand goods" means, including but not limited to, any of the following described goods, wares and merchandise which was previously owned or used by any person other than the manufacturer, wholesaler, or retailer:

Antiques and collectibles;

Artwork, including but not limited to paintings and sculptures

Audio-visual equipment, including but not limited to any stereo, speaker, radio, video recorder, video camera, television set, tape or disc player;

Bicycles;

Cameras and other photographic instruments and equipment;

China

Clothing;

Computers, printers, software, and computer supplies;

Crystal;

Electronic toys and games, and related equipment;

Electronic equipment other than electronic toys and games;

Fur coats and other fur clothing;

Microwave ovens and other kitchen appliances;

Mopeds, motor-scooters or similar devices;

Office equipment;

Pianos, organs, guitars, and all other musical instruments;

Precious metals and stones, as defined herein;

Silverware and flatware;

Small electrical appliances;

Sports equipment;

Telephones, including, but not limited to pager and cellular phones and other satellite signal devices;

"Valuable metals" means aluminum, copper, lead, titanium, stainless steel, copper alloy or brass, formed as a bar, cable, rod, tubing, wire, wire scrap, clamp, connector, bushing or bearing or other appurtenances utilized or that can be utilized by persons, firms, corporations or municipal corporations engaged in either the generation, transmission or distribution of electric energy, in telephone, telegraph or other communications, or by railroads; or any copper, copper alloy or brass, or aluminum materials utilized for the purpose of plumbing, storm doors and windows, siding, or gutters of building structures or automotive parts. (Ord. No. 10-10-62, § 2, 10-25-10)

5.16.030 Application - Investigation of applicant - Qualifications

An application for a pawnbroker license shall be made on a form provided by the village clerk, who shall provide a copy of the application to the chief of police, or his designee, to investigate each licensee applicant. Each applicant shall pay a non-refundable fee of two hundred fifty dollars with each application submitted. The chief of police shall report in writing whether or not such applicant has complied with the laws of the State of Illinois and the provisions of this chapter applicable to said business, and whether the applicant is a person of good character and repute. No license shall be issued to any person, partnership, corporation or other entity, if any owner, manager, partner, officer, director, employee or shareholder owning more than five percent of the shares of stock in the corporation has been convicted of any felony offense or convicted of the offense(s) of possession of stolen goods, burglary, robbery, or who has been convicted of any criminal offense involving dishonesty or moral turpitude.

Every applicant for a pawnbroker license, as well as every owner, partner, manager, officer, director, employee, and in the case, of a corporate applicant, every shareholder owning more than five percent of the shares of stock in the corporation shall undergo a criminal background investigation, which investigation may include fingerprinting, prior to the issuance of a pawnbroker license.

Existing businesses located in the village of Mundelein on the date the ordinance from which this chapter is derived becomes effective shall have thirty days to apply for a license hereunder after receiving a written notice from the village clerk of the requirement to obtain a license. (Ord. No. 10-10-62, § 3, 10-25-10)

5.16.040 Business location - Zoning - Inspection - Code compliance

very applicant for a pawnbroker license shall state in the application the address of the building and premises on which he or it is conducting or proposing to conduct a pawnbroker business.

Prior to issuing any license required hereunder, the building and premises used or proposed to be used for such business shall be inspected by the appropriate village official or officials for compliance with all village codes, ordinances, rules and regulations, including the requirements of this chapter, as well as the laws of the state of Illinois and all other applicable governmental rules and regulations. Also, prior to the reissuance of any license required by this chapter, such building and premises shall be re-inspected if directed by the mayor.

Such building and premises shall comply with all village zoning, building, fire and health codes, rules and regulations, as well as all other applicable village codes, ordinances, rules and regulations and shall be maintained in good repair, free of litter and debris and kept in a safe condition for employees, customers and other persons present therein or thereon.

Any business licensed under this chapter shall comply with all laws of the state of Illinois and all other applicable governmental rules and regulations and shall not be conducted, operated, maintained or carried on so as to constitute a nuisance. (Ord. No. 10-10-62, § 4, 10-25-10)

5.16.050 Issuance of license

Upon compliance with all the requirements of this chapter, a pawnbroker license shall be issued to the applicant for the business location stated in the application (the "licensed premises").

Each license shall be valid from the date of issuance until the following April 30th and shall be subject to reissuance for the period from May 1st to April 30th of each year thereafter. (Ord. No. 10-10-62, § 5, 10-25-10)

All interest charges and fees assessed by any licensee shall comply with the Illinois Pawnbroker Regulation Act, 205 ILCS 510/2 as amended (the "Act").

Every licensee shall at all times have and keep the above provision of the Act printed in the English language, framed and posted in a prominent and conspicuous position in his or its place of business, so that such provision shall be plainly legible and visible to all persons depositing or pledging property with such licensee. (Ord. No. 10-10-62, § 7, 10-25-10)

5.16.080 Duty to report stolen or lost articles

Each licensee or employee or agent shall report to the police chief any article sought to be deposited, pawned or pledged with the licensee, if the licensee or his employee or its agent reasonably believes that said article was stolen or that the article was lost and found by the person attempting to deposit, pawn or pledge it. (Ord. No. 10-10-62, § 8, 10-25-10)

5.16.090 Record requirements

All licensees doing business in the village of Mundelein shall keep a standard record book that has been approved by the chief of police. At the time of each and every article being deposited, pawned or pledged, an accurate account and description of such article including the brand name, if any; the amount of money loaned thereon; the interest rate on such loan; the time and date of the transaction; and the name and residence address of the person depositing, pawning or pledging such article, shall be entered into the record book. Any article deposited, pawned or pledged shall be clearly digitally photographed in color so as to be able to clearly identify such article, including any serial numbers or other identifying marks. All photographs taken shall be maintained and preserved as herein provided. All such entries shall be printed, typed or written in ink in the record book at the time of the transaction in the English language. Record book entries shall also include the serial number or other identification number of the article received. No entry made in the record book shall be erased, mutilated, altered or in any way changed. (Ord. No. 10-10-62, § 9, 10-25-10)

5.16.100 Identification required

It shall be unlawful for any licensee, agent or employee of a licensee to fail to request and require identification to be shown by each person depositing, pawning or pledging any article with the licensee. One form of identification shall be a valid driver's license or identification card issued by a governmental entity which contains a photograph of the person identified, as well as the person's address. If the pictured identification is not government issued, then two forms of identification must be shown, and at least one of the tow forms must contain a photograph, and at least one form of identification must include the person's residence address. The licensee, agent, or employee of the licensee shall photocopy any and all forms of identification presented and retain such photocopies as records under Section 5.16.110 of this chapter. In addition to a valid driver's license or government issued identification card, other acceptable forms of pictured identification shall include, but not be limited to an employee or student identification card, pictured credit card, or a pictured civic, union or professional association membership card. If the person depositing, pawning or pledging any article with the licensee does not present identification issued by a governmental entity, the licensee shall digitally photograph such person in color print and record such person's name, residence address, date of birth, gender, height and weight on the reverse side of the photograph.

In addition to a record book, the licensee shall maintain such records required by this section in a computer form which has been approved in writing by the police chief.

The licensee shall also have installed, and operating at all times during business hours, a video surveillance camera positioned so as to record all transactions, as well as the facial features of those persons depositing, pawning or pledging such article with the licensee.

All licensees shall subscribe to and participate in "leadsonline.com" or any similar electronic database or data collection service. Any article deposited, pawned or pledged shall be entered into the leadsonline.com database within twelve hours of receipt of the article. (Ord. No. 10-10-62, § 10, 10-25-10)

5.16.110 Inspection of records

The record book, computer generated records, video surveillance records, digital photographs taken, as well as every article deposited, pawned or pledged shall at all times be open to inspection by the chief of police or any sworn law enforcement officer during the licensee's business hours. The record book, any computer generated records and all photographs taken shall be maintained for a period of three years after the date on which the record was prepared. Video surveillance records shall be maintained for a period of one year after the date on which the record was prepared. (Ord. No. 10-10-62, § 11, 10-25-10)

5.16.120 Daily report

Except as may be otherwise provided herein, every licensee shall prepare and deliver to the chief of police or his designee, on a daily basis before twelve p.m. (noon), a legible exact copy of the record book and computer generated record, including copies of the digital photographs, as required herein. Such record shall list all articles deposited, pawned or pledged during the preceding twenty-four-hour period, including the exact time when such article was deposited, pawned or pledged, and the description of the person or persons by whom the article was deposited, pawned or pledged. (Ord. No. 10-10-62, § 12, 10-25-10)

5.16.130 Transactions with prohibited parties

It shall be unlawful for any licensee, or his or its agent or employee, to accept or receive the deposit, pawn or pledge of any article from a person under the age of eighteen years, or the ownership on which is claimed by such minor, or which may be in the possession or control of any minor without the written consent of such minor's parent or legal guardian. The consent must be signed by such minor's parent or legal guardian in the presence of the licensee or his employee or agent who must include the consent in the daily report required under Section 5.16.120 of this chapter.

It shall be further unlawful for any licensee to accept or receive the deposit, pawn or pledge of any article from any person appearing to be intoxicated or under the influence of any drug or controlled substance or from any person known to have been convicted of theft, burglary, deceptive practices, robbery or armed robbery. It shall further be the duty of every licensee, or agent or employee thereof, to return any article deposited, pawned or pledged to the lawful owner of such article without the payment of the money loaned thereon by the licensee, or any other cost or charge of any kind, in cases where such article has been stolen from or lost by its lawful owner. (Ord. No. 10-10-62, § 13, 10-25-10)

5.16.140 Sale of property

No article deposited, pawned or pledged with any licensee shall be sold by the licensee or removed from the place of business of such licensee for a period of thirty days after delivery to the chief of police of those records required herein, except that such article may be returned to the person who deposited, pawned or pledged such article upon repayment of the loan for which such article is collateral. (Ord. No. 10-10-62, § 14, 10-25-10)

5.16.150 Prohibited items

No licensee, or agent or employee thereof, shall accept or receive the deposit, pawn or pledge of any firearm, stun gun or taser or any article, the possession of which is prohibited pursuant to Section 24-1 (a)(1) of the Illinois Criminal Code, 720 ILCS 5/24-1(a)(1). (Ord. No. 10-10-62, § 15, 10-25-10)

5.16.160 View from street

No person shall install, place or erect any blind, screen, curtain, partition, article or other thing in the windows or upon the doors of any licensed premises which prevents or restricts a clear and full view into the interior of the licensed premises from the street, road or sidewalk. The interior of all licensed premises shall be illuminated by natural or artificial white lights during all hours the licensed premises is open for business so that all parts of the interior of the licensed premises are clearly visible from the street, road or sidewalk. (Ord. No. 10-10-62, § 16, 10-25-10)

5.16.170 Revocation or suspension - Hearing

Any license issued under this chapter may be revoked or suspended for not more than thirty days by the mayor and board of trustees by reason of a violation of any of the provisions of this chapter, following a hearing.

When a hearing is set by the mayor and board of trustees in a revocation or suspension proceeding, the licensee shall receive not less than twenty days written notice, which notice shall contain the charges made, as well as the time and place when the hearing will be held.

At a hearing conducted pursuant to this section, the licensee shall have the right to be represented by counsel, to present witnesses, to testify and cross-examine any other witnesses. Proceedings shall be conducted under oath.

The mayor shall preside at the hearing and the mayor and board of trustees shall make the final determination.

If any decision adverse to the licensee is made by the mayor and board of trustees after a hearing as provided above, the mayor shall provide the licensee with the written reason or reasons for such decision, as well as a notice of the licensee's right to seek administrative review of the decision.

The provisions of the Administrative Review Act of Illinois (735 ILCS 5/3-101 et seq.) shall apply and govern all proceedings for the judicial review of final determinations of the mayor and board of trustees hereunder. (Ord. No. 10-10-62, § 17, 10-25-10)

5.16.180 Penalty

Notwithstanding any other provision of this chapter to the contrary, any person who violates the provisions of this chapter shall be fined in an amount not less than one hundred fifty dollars or more than seven hundred fifty dollars for each offense. Each day on which a violation continues shall be deemed a separate offense.

A violation of the provisions of this chapter by an employee or agent of the licensee shall be imputed to the licensee and shall be considered the act of the licensee for which the license issued may be suspended or revoked as provided by Section 5.16.170 of this chapter. (Ord. No. 10-10-62, § 18, 10-25-10)

Chapter 5.20 DEALERS IN SECONDHAND GOODS

5.20.010 License required

No person, firm or corporation shall conduct, engage in, maintain, operate or carry on any business within the village of Mundelein dealing in second hand goods, wares and merchandise, as defined herein, either by himself or itself, or through an agent, employee or partner without first having obtained a license issued by the village of Mundelein, as provided herein for each separate place, premises or location where such business is to be conducted. (Ord. No. 10-10-63, § 1, 10-25-10)

5.20.020 Definitions

"Precious metals and stones" means any articles combining precious metals, including but not limited to silver, gold and platinum, such as, but not limited to, commemorative coins or other items of memorabilia, United States or foreign currency, or any articles containing any genuine diamond, ruby, emerald, sapphire or pearl of any value and any other genuine stone or gem with a value of more than one hundred dollars.

"Second hand goods" means, including but not limited to, any of the following described goods, wares and merchandise which was previously owned or used by any person other than the manufacturer, wholesaler, or retailer:

Collectibles;

Artwork, including but not limited to paintings and sculptures;

Audio-visual equipment, including but not limited to any stereo, speaker, radio, video recorder, video camera, television set, tape or disc player;

Bicycles;

Cameras and other photographic instruments and equipment;

China;

Computers, printers, software, and computer supplies;

Reserved;

Crystal;

Electronic toys and games, and related equipment;

Electronic equipment other than electronic toys and games;

Fur coats and other fur clothing;

Microwave ovens and other kitchen appliances;

Mopeds, motor-scooters or similar devices;

Office equipment;

Musical instruments;

Precious metals and stones, as defined herein;

Silverware and flatware;

Small electrical appliances;

Sports equipment;

Telephones, including, but not limited to pager and cellular phones and other satellite signal devices;

"Second hand goods dealer" means any individual, corporation, business, partnership or other entity (1) who engages in the business of purchasing, selling, receiving, trading, consignment selling or otherwise transferring for value any second hand goods, as defined herein, for purposes of recycling or salvaging such items. A second hand goods dealer shall not include (1) pawn brokers licensed under village of Mundelein Ordinance No. 10-10-62, (2) sales or exchanges of used articles and materials conducted or controlled by charitable, religious, or community organizations, including, but not limited to schools, Boy Scouts, Girl Scouts, and youth athletics groups, which accept donated items to resell for fundraising activities, (3) residents of the village conducting garage sales held not more than current zoning laws provide such as residents are not engaged therein as a business, (4) a hardware store or home improvement center which sells used lawn mowers, rototillers, snow blowers or other equipment taken in as trade-ins on the purchase of new equipment for the store, (5) a repair business which sells used goods which are taken in from customers, but for which nothing of value is given to the customer in exchange, (6) dealers in used motor vehicles, recreation vehicles, boats, or trailers, and (7) a business which sells used goods which are taken in from customers, but for which nothing of value is given to the customer in exchange, and for items acquired off- premises for sale at the business location.

"Valuable metals" means aluminum, copper, lead, titanium, stainless steel, copper alloy or brass, formed as a bar, cable, rod, tubing, wire, wire scrap, clamp, connector, bushing or bearing or other appurtenances utilized or that can be utilized by persons, firms, corporations or municipal corporations engaged in either the generation, transmission or distribution of electric energy, in telephone, telegraph or other communications, or by railroads; or any copper, copper alloy or brass, or aluminum materials utilized for the purpose of plumbing, storm doors and windows, siding, or gutters of building structures or automotive parts. (Ord. No. 10-10-63, § 2, 10-25-10; Ord. No. 12-02-10, §§ 1, 2, 2-27-12; Ord. No. 13-12-75, §§ 1, 2, 12-9-13)

5.20.030 Application - Investigation of applicant - Qualifications

An application for a second hand goods dealer license shall be made on a form provided by the village clerk, who shall provide a copy of the application to the chief of police, or his designee, to investigate each licensee applicant. Each applicant shall pay a non-refundable fee of two hundred fifty dollars with each application submitted. The chief of police shall report in writing whether or not such applicant has complied with the laws of the state of Illinois and the provisions of this chapter applicable to said business, and whether the applicant is a person of good character and repute. No license shall be issued to any person, partnership, corporation or other entity, if any owner, manager, partner, officer, director, employee or shareholder owning more than five percent of the shares of stock in the corporation has been convicted of any felony offense or convicted of the offense(s) of possession of stolen goods, burglary, robbery, or who has been convicted of any criminal offense involving dishonesty or moral turpitude.

Every applicant for a second hand goods dealer license, as well as every owner, partner, manager, officer, director, employee, and in the case, of a corporate applicant, every shareholder owning more than five percent of the shares of stock in the corporation shall undergo a criminal background investigation, which investigation may include fingerprinting, prior to the issuance of a second hand goods dealer license.

Existing businesses located in the village of Mundelein on the date the ordinance from which this chapter is derived becomes effective shall have thirty days to apply for a license hereunder after receiving a written notice from the village clerk of the requirement to obtain a license. (Ord. No. 10-10-63, § 3, 10-25-10)

5.20.040 Business location - Zoning - Inspection - Code compliance

Every applicant for a second hand goods dealer license shall state in the application the address of the building and premises on which he or it is conducting or proposing to conduct a business dealing in second hand goods.

Prior to issuing any license required hereunder, the building and premises used or proposed to be used for such business shall be inspected by the appropriate village official or officials for compliance with all village codes, ordinances, rules and regulations, including the requirements of this chapter, as well as the laws of the state of Illinois and all other applicable governmental rules and regulations. Also, prior to the reissuance of any license required by this chapter, such building and premises shall be re-inspected if directed by the mayor.

Such building and premises shall comply with all village zoning, building, fire and health codes, ordinances, rules and regulations, as well as all other applicable village codes, ordinances, rules and regulations and shall be maintained in good repair, free of litter and debris and kept in a safe condition for employees, customers and other persons present therein or thereon.

Any business licensed under this chapter shall comply with all laws of the state of Illinois and all other applicable governmental rules and regulations and shall not be conducted, operated, maintained or carried on so as to constitute a nuisance. (Ord. No. 10-10-63, § 4, 10-25-10)

5.20.050 Issuance of license

Upon compliance with all the requirements of this chapter, a second hand goods dealer license shall be issued to the applicant for the business location stated in the application (the "licensed premises").

Each license shall be valid from the date of issuance until the following April 30th and shall be subject to reissuance for the period from May 1st to April 30th of each year thereafter. (Ord. No. 10-10-63, § 5, 10-25-10)

Each licensee or employee or agent shall report to the police chief any article sought to be sold to the licensee or placed on consignment with the licensee, if the licensee or his employee or its agent reasonably believes that said article was stolen or that the article was lost and found by the person attempting to sell it or place it on consignment. (Ord. No. 10-10-63, § 7, 10-25-10)

5.20.080 Record requirements

All Licensees doing business in the village of Mundelein shall subscribe to and participate in "leadsonline.com" or any similar electronic database or data collection service approved by the chief of police. Any article purchased or received on consignment shall be entered into the leadsonline.com database within twelve hours of receipt of the article. The information to be entered in "leadsonline.com" or any similar electronic database or data collection service shall include at a minimum:

The time and date the article was purchased or received on consignment.

The serial number, make, model, and description of the article.

The amount of money paid for the article.

The name, date of birth, telephone number, sex, and residence address of the person selling or placing such article on consignment, along with a digital color photograph of the person.

A digital color photograph of the form(s) of identification presented by the person selling or placing such article on consignment.

Digital color photographs that show any serial numbers or other identifying marks.

This requirement does not apply to any articles purchased from dealers possessing a federal employer identification number who have provided a receipt to the licensee. (Ord. No. 10-10-63, § 8, 10-25-10; Ord. No. 12-02-10, § 3, 2-27-12)

5.20.090 Identification required

It shall be unlawful for any licensee, agent or employee of a licensee to fail to request and require identification to be shown by each person selling any article to the licensee or placing such article on consignment with the licensee. One form of identification shall be a valid driver's license or identification card issued by a governmental entity which contains a photograph of the person identified, as well as the person's address. If the pictured identification is not government issued, then two forms of identification must be shown, and at least one of the two forms must contain a photograph, and at least one form of identification must include the person's residence address. The licensee, agent, or employee of the licensee shall take a legible color digital photograph of any and all forms of identification presented and retain such photographs as records under Section 5.20.080. In addition to a valid driver's license or government issued identification card, other acceptable forms of pictured identification shall include, but not be limited to an employee or student identification card, pictured credit card, or a pictured civic, union or professional association membership card. If the person selling such article to the licensee or placing such article on consignment with the licensee does not present identification issued by a governmental entity, the licensee shall digitally photograph such person in color print and record such person's name, residence address, date of birth, gender, height and weight on the reverse side of the photograph and report said information as is required under Section 5.20.080

The licensee shall also have installed, and operating at all times during business hours, a digital camera positioned so as to record all transactions, as well as the facial features of those persons selling any article to the licensee or placing such article on consignment with the licensee. (Ord. No. 10-10-63, § 9, 10-25-10; Ord. No. 12-02-10, § 5, 2-27-12)

5.20.100 Inspection of records

Any record book, computer generated records, digital photographs of the seller, or other digital photographs taken, as well as every article or other thing of value purchased or received on consignment shall at all times be open to inspection by the chief of police or any sworn law enforcement officer during the licensee's business hours. The record book, any computer generated records and all photographs taken shall be maintained for a period of three years after the date on which the record was prepared. (Ord. No. 10-10-63, § 10, 10-25-10; Ord. No. 12-02-10, § 6, 2-27-12)

It shall be unlawful for any licensee, or his or its agent or employee, to purchase any article or receive on consignment any article from a person under the age of eighteen years, or the ownership on which is claimed by such minor, or which may be in the possession or control of any minor without the written consent of such minor's parent or legal guardian. The consent must be signed by such minor's parent or legal guardian in the presence of the licensee or his employee or agent who must include the consent in the daily report required under Section 5.20.110 of this chapter.

It shall be further unlawful for any licensee to purchase any article or receive any article on consignment from any person appearing to be intoxicated or under the influence of any drug or controlled substance or from any person known to have been convicted of theft, burglary, deceptive practices, robbery or armed robbery. It shall further be the duty of every licensee, or agent or employee thereof, to return any article purchased or received on consignment to the lawful owner of such article without the payment of the money paid therefore by the licensee, or any other cost or charge of any kind, in cases where such article has been stolen from or lost by its lawful owner. (Ord. No. 10-10-63, § 12, 10-25-10)

5.20.130 Sale of property

No article purchased or received on consignment by any licensee shall be sold by the licensee or removed from the place of business of such licensee for a period of five days after delivery to the chief of police of those records required herein. (Ord. No. 10-10-63, § 13, 10-25-10)

5.20.140 Prohibited items

No licensee, or agent or employee thereof, shall purchase or receive on consignment any firearm, stun gun or taser or any article, the possession of which is prohibited pursuant to Section 24-1 (a)(1) of the Illinois Criminal Code, 720 ILCS 5/24-1(a)(1). (Ord. No. 10-10-63, § 14, 10-25-10)

5.20.150 View from street

No person shall install, place or erect any blind, screen, curtain, partition, article or other thing in the windows or upon the doors of any licensed premises which prevents or restricts a clear and full view into the interior of the licensed premises from the street, road or sidewalk. The interior of all licensed premises shall be illuminated by natural or artificial white lights during all hours the licensed premises is open for business so that all parts of the interior of the licensed premises are clearly visible from the street, road or sidewalk. (Ord. No. 10-10-63, § 15, 10-25-10)

5.20.160 Revocation or suspension - Hearing

Any license issued under this chapter may be revoked or suspended for not more than thirty days by the mayor and board of trustees by reason of a violation of any of the provisions of this chapter, following a hearing.

When a hearing is set by the mayor and board of trustees in a revocation or suspension proceeding, the licensee shall receive not less than twenty days written notice, which notice shall contain the charges made, as well as the time and place when the hearing will be held.

At a hearing conducted pursuant to this section, the licensee shall have the right to be represented by counsel, to present witnesses, to testify and cross-examine any other witnesses. Proceedings shall be conducted under oath.

The mayor shall preside at the hearing and the mayor and board of trustees shall make the final determination.

If any decision adverse to the licensee is made by the mayor and board of trustees after a hearing as provided above, the mayor shall provide the licensee with the written reason or reasons for such decision, as well as a notice of the licensee's right to seek administrative review of the decision.

The provisions of the Administrative Review Act of Illinois (735 ILCS 5/3-101 et seq.) shall apply and govern all proceedings for the judicial review of final determinations of the mayor and board of trustees hereunder (Ord. No. 10-10-63, § 16, 10-25-10)

5.20.170 Penalty

Notwithstanding any other provision of this chapter to the contrary, any person who violates the provisions of this chapter shall be fined in an amount not less than one hundred fifty dollars or more than seven hundred fifty dollars for each offense. Each day on which a violation continues shall be deemed a separate offense.

A violation of the provisions of this chapter by an employee or agent of the licensee shall be imputed to the licensee and shall be considered the act of the licensee for which the license issued may be suspended or revoked as provided by Section 5.20.160 of this chapter. (Ord. No. 10-10-63, § 17, 10-25-10)

Chapter 5.72 TAXICABS

5.72.010 Definitions

"Licensee" means every person or corporation applying for and obtaining a license required in this chapter covering one or more licensed taxicabs which are operated within the village.

"Registered operator" means every person registering as required in this chapter and driving or operating a licensed taxicab within the village.

"Taxicab" means any vehicle used to carry less than ten passengers for hire but not operating on a fixed route. (Ord. 76-4-10 1)

5.72.020 License required

It is unlawful for any person or corporation to engage in the business of operating a taxicab within the village without first having obtained a license as required in this chapter. (Ord. 76-4-10 2)

5.72.030 Registration required

It is unlawful for any person to drive or operate a taxicab within the village without first having registered as an operator as required in this chapter. (Ord. 76-4-10 3)

5.72.040 Application for licenses

Applications for licenses to engage in the business of operating a taxicab within the village shall be made in writing to the village clerk and shall state thereon the name of the applicant, the address of the applicant s place of business and the number of taxicabs to be operated within the village and covered by the license. With respect to each taxicab, it shall state the make, model, year, color, serial number or motor number, state of Illinois license plate number and permanently assigned taxicab identification number, if applicant has more than one taxicab. If the applicant is a corporation, the names and addresses of the president and secretary thereof shall be stated on the application. (Ord. 76-4-10 4)

5.72.050 License fee

Each application for a license shall be accompanied by the payment of the annual fee in the amount of fifty dollars plus five dollars for each taxicab to be operated within the village and covered by the license. In the event the license is not issued, the fee shall be returned to the applicant. (Ord. 76-4-10 5)

5.72.060 Registration by taxicab operators

Registrations to drive or operate a taxicab within the village shall be made in writing to the village clerk and shall state thereon the name, address, telephone number, age, sex, state of Illinois motor vehicle operator s license number and social security number of the registrant, as well as a physical description of the registrant, including approximate height, weight and color of hair and eyes. The registration shall be accompanied by two photographs of the registrant, approximate size two inches by two inches, taken within the last sixty days, showing the head and shoulders of the registrant in a clear and distinguishable manner. (Ord. 76-4-10 6)

5.72.070 Registration fee

Each registration shall be accompanied by the payment of an annual fee of one dollar. In the event that the registration is rejected, the fee shall be returned to the registrant. (Ord. 76-4-10 7)

5.72.080 Expiration of licenses and registrations

All such licenses and registrations shall expire on April 30th of each year. All licensees shall reapply for and obtain a new license for each year beginning May 1st and ending April 30th. All registered operators shall reregister for each year beginning May 1st and ending April 30th. (Ord. 76-4-10 8)

5.72.090 Identification tags or stickers

At the time each license is issued by the village clerk, the licensee shall also receive a tag or sticker for each of the licensee s taxicabs covered by the license. Such tag or sticker shall be displayed in a prominent place on each taxicab covered by the license while it is in use, and may be transferred by the licensee to any taxicab which the licensee puts into service to replace one withdrawn from service; provided the licensee notified the village clerk in writing prior thereto of the make, model, year, color, serial number or motor number, state license plate number and permanently assigned taxicab identification number of the replacement taxicab as well as the taxicab being replaced. (Ord. 76-4-10 9)

5.72.100 Vehicles

No taxicab shall be operated within the village unless it bears duly issued state of Illinois license plates. If a taxi company has its home base in Mundelein, the taxicabs must also secure village of Mundelein vehicle licenses. All taxicabs shall be maintained in good operating condition for safe, clean and comfortable service and shall be equipped with proper brakes, lights, tires, horn, muffler, rear vision mirror and windshield wipers, all in good condition.

Each licensee shall cause an annual inspection to be made at an Illinois State Safety Lane of each taxicab operated within the village and covered by the license issued to such licensee, and shall obtain a valid certificate showing that each such taxicab has passed such inspection. Each application for a license shall be accompanied by such a valid certificate for the current year with respect to each taxicab to be covered by the license being applied for.

If a licensee has more than one taxicab operated within the village and covered by the license issued to such licensee, each taxicab shall be permanently assigned a different taxicab identification number by such licensee and such number, together with the name of the licensee, shall appear on each side of such taxicab in letters not less than two inches high. Every taxicab shall be operated regularly to the extent reasonably necessary to meet the public demand for service.

All vehicles used for taxicabs must be kept in a clean and sanitary condition and must be properly equipped with brakes, lights, and warning signals. The name of the owner of such vehicle shall be printed or painted in a prominent place on both sides of the vehicle in letters at least two inches high, and if any licensee operates more than one such vehicle, each such vehicle shall be uniform in color and printing and shall be numbered with figures not less than two inches high, but no two vehicles operated by the same licensee shall bear the same number. No license shall be issued for the operation of any taxicab until said vehicle has been carefully inspected under the direction of the chief of police and found to be in a safe condition for the transportation of passengers; clean, and in a sanitary condition; and of good appearance and properly painted. (Ord. 76-4-10 10)

5.72.110 Insurance

Notwithstanding the requirements of any law or statute for the filing of bonds and policies of insurance against liability for injury to or death of any person or for damage of property by any person operating any public passenger vehicle, each licensee shall carry public liability and property damage insurance or give surety bond to secure payment of any loss or damage resulting from any occurrence arising out of or caused by the operation or use of any of the licensee s taxicabs, covering each taxicab for the sum of at least twenty thousand dollars for property damage, one hundred thousand dollars for injuries to or death of any one person and three hundred thousand dollars for injuries to or death of more than one person in any one accident. The insurance or surety company issuing such insurance policy or surety bond shall be satisfactory to the village s license committee. Each application for a license shall be accompanied by a valid certificate from such insurance or surety company for the current year evidencing the issuance of such insurance policy or surety bond with respect to all of the taxicabs to be covered by the license applied for. (Ord. 76-10-4 11)

5.72.120 Drivers and operators

All drivers and operators of taxicabs licensed in the village shall have a valid current Illinois State motor vehicle operator s license and shall register as an operator as required in this chapter.

No registered operator shall drive or operate a taxicab within the village which is not covered by a license required by this chapter. No licensee shall permit a taxicab covered by a license required by this chapter to be driven or operated within the village by a person who is not a registered operator pursuant to the provisions of this chapter.

No registered operator shall be on duty as a driver or operator of a taxicab for more than sixteen out of any twenty-four consecutive hours, and no licensee shall permit any registered operator to be on duty for more than sixteen out of every twenty-four consecutive hours.

No registered operator, while on duty, shall drink any intoxicating liquor, or use any profane or obscene language, or shout or call to prospective passengers, or disturb the peace in any way.

Every registered operator shall obey all traffic rules and regulations established by Illinois statutes or village ordinances while driving or operating a taxicab within the village. (Ord. 76-4-10 12)

5.72.130 Unlawful use

It is unlawful to knowingly permit any taxicab to be used in the perpetration of any felony or misdemeanor. (Ord. 76-4-10 13)

5.72.140 Passengers

No registered operator shall refuse to accept as a passenger any person who seeks to use the taxicab being driven or operated by such registered operator; provided such person is not intoxicated and conducts himself in an orderly manner. No person shall be admitted to a taxicab occupied by a passenger without the consent of the passenger. Every passenger shall be taken to his destination by the most direct available route from the place where the passenger enters the cab. Upon paying his fare, each passenger, upon request, shall be given a receipt showing the amount so paid and the name of the licensee and registered operator of the taxicab, together with the permanently assigned identification number of the taxicab, if such licensee has more than one taxicab.

It is unlawful for a passenger to refuse or fail to pay the lawful taxicab fare at the termination of the trip. No passenger shall attempt to have baggage or trunks carried on the outside of the taxicab, and no registered operator shall permit baggage or trunks to be carried on the outside of the taxicab. (Ord. 76-4-10 14)

5.72.150 Cab stands

The village board of trustees may designate locations as required as taxicab stands. Each taxicab stand shall be appropriately marked by signs.

A taxicab covered by a license required by this chapter may be parked in any designated taxicab stand only while such taxicab is in charge of a registered operator on duty awaiting a passenger.

No motor vehicle other than a taxicab covered by a license required by this chapter shall be parked in a designated taxicab stand. (Ord. 76-4-10 15)

5.72.160 Meters

No taxicab covered by a license required by this chapter shall be operated unless it is equipped with a sealed meter in good condition to record the amount to be charged on each trip, which amount shall be shown in figures visible to the passenger. Each such meter shall have a lever known as a "flag" which when put into a down position will start such meter recording. Such lever or flag shall be in the down position and such meter shall be recording for the duration of all trips.

It shall be the duty of every person, firm, company or corporation owning, controlling, or operating any taxicab under a general taxicab license to deliver either the taxicab together with the taximeter, or the taximeter detached therefrom to the chief of police upon demand for testing. Any such person, firm, company or corporation may be present or represented at the time such test is made. Every taximeter shall be tested to determine the accuracy of its recording mechanism with respect to distance traveled either by running the taxicab to which it is attached over a course a standard mile in length or by a mechanical test. In the event the taximeter is found defective, the same cannot be used until it has been repaired, and the accuracy of its recording mechanism restored. (Ord. 76-4-10 16)

5.72.170 Rates of fare

All rates of fare must be submitted on the application for license to operate within the village of Mundelein. The rates must be approved by the license committee and be maintained on file in the clerk s office. Said rates must also be prominently displayed in the cab for the benefit of all passengers. Notice must also be given to passengers that said rates can be verified by the village clerk s office. The license committee must approve any change in rates.

Licensees may charge passengers one and one-half times the amount shown on the meter for trips starting or finishing within the village and ending or beginning outside the village in areas where the licensee s rates of fare are not established by another unit of local government; provided that the passenger is informed thereof prior to the trip commencing.

No licensee or registered operator shall charge, collect or receive greater or lesser rates of fare for use of taxicabs than those approved by the license committee and on file in the clerk s office, except that any licensee may file a written statement with the village clerk setting forth reasonable classifications of passengers to whom a discount shall be given and the amount of the discount. Such discounts may be given only to those passengers falling within such reasonable classifications. Such classifications of passengers to whom a discount shall be given may be reviewed by the corporate authorities from time to time and declared invalid if they do not appear to be reasonable.

The licensee may withdraw such written statement setting forth reasonable classifications of passengers to whom a discount shall be given by filing a written request with the village clerk at least ten days prior to the effective date thereof and may amend or modify such reasonable classifications, and/or the amount of such discounts, by filing a written statement to that effect with the village clerk at least ten days prior to the effective date thereof. (Ord. 76-4-10 17)

5.72.180 Existing licensees

All currently issued licenses to engage in the business of operating taxicabs within the village shall remain in effect after the adoption of the ordinance codified in this chapter until April 30, 1976, when they shall expire. The village clerk shall issue a license to each of such licensees beginning May 1, 1976 and from year to year thereafter covering the number of taxicabs presently being operated by each such licensee, upon proper application being made as provided hereunder, unless such license has theretofore been revoked or modified in accordance herewith. The village clerk shall not issue licenses to other persons or corporations unless authorized to do so by the corporate authorities of the village as provided in this chapter.

All currently issued licenses to drivers of taxicabs shall also remain in effect after the adoption of the ordinance codified in this chapter until April 30, 1976 when they shall expire, after which time each driver of a taxicab shall be registered as required in this chapter. (Ord. 76-4-10 18)

5.72.190 Additions or reductions in taxicab service

The corporate authorities of the village may from time to time determine that the public convenience and necessity require more or less taxicab service and may provide by ordinance for the issuance of licenses covering a greater or lesser number of taxicabs than are presently being operated. The corporate authorities may refer the matter to the village s license committee, in which event, the license committee shall schedule a public hearing after publishing a notice thereof at least ten days prior thereto in a local newspaper and mailing a copy thereof to each licensee. At such hearing, each licensee shall, in person or by attorney, have the right to introduce evidence pertinent to the matter and cross-examine witnesses. Any time and place fixed for such hearing may be adjourned to another time and place without further notice.

Following the public hearing, the license committee shall report to the corporate authorities its findings and recommendation as to whether or not the public convenience and necessity require more or less taxicabs and the number thereof. In determining whether or not the public convenience and necessity require more or less taxicab service, due consideration shall be given to the following:

The public demand for taxicab service;

The effect thereof on the safety of existing vehicular and pedestrian traffic;

The effect of increased or decreased competition:

On the revenues of licensees hereunder,

On the cost of rendering taxicab service, including provisions for proper reserves and a fair return on investment in property devoted to such service,

On the wages and compensation, hours and conditions of employment of taxicab drivers and operators;

The effect of a reduction, if any, in the levels of net revenues to licensees governed by the provisions of this chapter or reasonable rates of fare for taxicab service;

Any other facts deemed relevant.

In the event that the corporate authorities determine that a greater number of taxicabs are required by the public convenience and necessity, each licensee existing at that time shall be given a reasonable period of time, to be determined by the corporate authorities, to proportionately increase the number of taxicabs which such licensee operates within the village. If any of such existing licensees at that time fails to increase the number of taxicabs within such reasonable period of time, the corporate authorities may authorize the village clerk to accept applications from other persons or corporations applying for licenses, and if proper, issue licenses covering the number of additional taxicabs accordingly.

In the event that the corporate authorities determine that a lesser number of taxicabs are required by the public convenience and necessity, each licensee existing at that time shall proportionately reduce the number of taxicabs which such licensee operates within the village and which are covered by a license required by this chapter. (Ord. 76-4-10 19)

5.72.200 Inspection of taxicabs and books and records

Each licensee shall permit duly authorized representatives designated by the village mayor or corporate authorities of the village to at any reasonable time or times inspect all taxicabs, including the meters attached thereto, operated within the village and covered by a license required by this chapter and any and all books and records of all property, operations, receipts and disbursements relating to business done within the village by such licensee for information as to the character and quality of the licensee s service, the adequacy of the number of taxicabs operating within the village to meet the demand for service and whether the established or any proposed rates of fare and other charges for taxicab service are fair and reasonable. (Ord. 76-4-10 20)

5.72.210 Revocation or modification of licenses

If any licensee violates this chapter or any Illinois statute or other village ordinance relating to the operation of taxicabs or motor vehicles within the village, the village board may revoke the license issued to such licensee by giving written notice thereof to such licensee with the reason or reasons for the revocation, in which event such licensee shall not permit any taxicabs covered by the license revoked to be operated within the village until or unless such license is restored by the mayor or the corporate authorities.

If any or all of the taxicabs covered by a license required by this chapter are not operated for a period of six or more consecutive days, the license committee may modify the license so as to delete the taxicab or taxicabs which are not in operation by giving a written notice thereof to the licensee to which such license is issued, in which event the taxicab or taxicabs so deleted may not be operated within the village until or unless the deletion is rescinded by the license committee or the corporate authorities of the village. (Ord. 76-4-10 21)

5.72.220 License construed as nonvested nonexclusive privilege

Nothing in this chapter shall be construed as the granting of a vested or exclusive right to any licensee to engage in the business of operating taxicabs within the village. Every license required by this chapter shall be regarded only as a privilege which is afforded the person or corporation to whom it is issued and which may be modified, suspended, revoked, cancelled, invalidated or otherwise voided by the corporate authorities at any time hereafter. (Ord. 76-4-10 22)

5.72.230 Penalty for violation

Any person or corporation violating any provision of this chapter shall be fined not less than twenty-five dollars nor more than five hundred dollars for each offense; and a separate offense shall be deemed committed for each day during or on which a violation occurs or continues. (Ord. 76-4-10 23)

Chapter 5.76 ALCOHOLIC LIQUORS

5.76.010 Definitions

Unless the context otherwise requires, the following terms, as used in this chapter, shall be construed according to the definitions given below:

Alcoholic Liquor. The term "alcoholic liquor" means any spirits, wine, beer, ale, or other liquid containing more than one-half of one percent of alcohol by volume, which is fit for beverage purposes.

Banquet Service. The "banquet service" shall mean an activity conducted by a liquor license holder on the premises, at which the catering of private parties is performed, whereat there is service for food consumption at tables, at a prearranged fixed unit price, of a full multiple course meal, hors d'oeuvres, buffet or smorgasbord, and at which alcoholic liquor may be served or sold in conjunction with such services; provided that each of such private parties is prearranged under the sponsorship of a particular person or organization.

Beer. The term "beer" means a beverage obtained by alcoholic fermentation of an infusion or concoction of barley, or other grain, salt and hops in water, and includes among other things, beer, ale, stout, lager beer, porter and the like.

Brew Pub. The term "brew pub" means a microbrewery, as defined herein, that conducts the retail sale of beer manufactured on the premises, and other alcoholic beverages not manufactured on premises, in conjunction with the operation of a restaurant on the premises.

Corkage Fee. The term "corkage fee" means a charge imposed by a restaurant on a customer who brings their own bottle of wine into the restaurant for the purpose of consuming it at the restaurant.

Growler. The term "growler" means a glass jug no larger than a U.S. half gallon (one thousand eight hundred ninety milliliters) used to transport draft beer, sold at breweries and brew pubs, as a means to sell takeout beer.

Holiday. The term "holiday" shall apply to the following days: Memorial Day, the Fourth of July, Labor Day, Thanksgiving Day, Christmas Eve and New Year's Day.

Licensed Premises. The term "licensed premises" means every building or other structure or area adjacent thereto where such alcoholic beverage(s) is (are) to be served, dispensed or sold, by a licensee.

Licensee. The term "licensee" means any person holding a license under the provisions of this chapter.

Liquor Control Act. The term "Liquor Control Act" or "Act" means "An Act Relating to Alcoholic Liquors" approved January 31, 1934, as amended (Chapter 235 ILCS5). Unless otherwise provided in this chapter, any words or phrases used in this chapter and defined in the Liquor Control Act shall be construed in accordance with the definitions set forth in the Act.

Microbrewery. The term "microbrewery" means a brewery that produces less than thirty thousand barrels (thirty-five thousand three hundred hectoliters) of beer or ale per calendar year from malt and hops by infusion, bailing and fermentation.

Original Package. The term "original package" means a bottle, flask, jug, can, barrel, keg, or other receptacle or container whatsoever, used, corked or capped, sealed and labeled by the manufacturer of alcoholic liquor, to contain and convey any alcoholic liquor.

Restaurant. The term "restaurant" means any public place kept, used, maintained, advertised and held out to the public as a place where meals are served, and where meals are actually and regularly served, without sleeping accommodations, such space being provided with adequate and sanitary kitchen and dining room equipment and capacity and having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable food for its guests.

Retail Sale. The term "retail sale" means the sale for use or consumption, and not for resale.

It is unlawful to sell or offer for sale at retail in the village any alcoholic liquor without having a retail liquor dealer's license as stated hereunder. (Ord. 04-12-69 § 2)

5.76.030 Separate licenses: change of location

A retail liquor dealer's license issued hereunder shall permit the sale of alcoholic liquor only on the premises described in the application and in the license issued thereon. Only one location shall be so described in each license, unless (a) a Class L liquor license authorizing the holder to conduct a beer, wine or liquor tasting event on the premises has been issued; or (b) a Class A or Class A1 liquor license has been issued for a restaurant on the premises and a Class J license is issued to permit banquet services at the same address.

After a license has been granted for a particular premises, the local liquor control commissioner, upon proper showing, may endorse upon and license permission to abandon the premises therein described and move therefrom to other premises approved by him/her, but in order to obtain such approval, the license shall file with the local liquor control commissioner, a request in writing and a statement under oath which shall show that the proposed new location is a proper one for the retail sale of alcoholic liquor under the Liquor Control Act and the ordinances of the village. (Ord. 04-12-69 § 3) (Ord. No. 11-03-10, § 2, 3-14-11)

5.76.040 Application

Application for such licenses shall be made to the local liquor control commissioner in writing, verified by oath or affidavit, and shall contain the following information and statements:

The name, age and address of the applicant in the case of an individual; in the case of a co-partnership, the person entitled to share in the profits thereof; and in the case of a corporation, for profit or club, the date of incorporation, the object for which it was organized, the names and addresses of the officers and directors, and the owners of five percent or more of the stock of the corporation;

The citizenship of the applicant, his place of birth and if a naturalized citizen, the time and place of his naturalization;

In the case of a corporation, a copy of the Articles of Incorporation;

The length of time that the applicant has been in business of that character;

The amount of goods; wares and merchandise on hand at the time the application is made;

The location and description of the premises or place of business which is to be operated under such license;

A statement whether applicant has previously made an application for a license on premises other than described in this application and the disposition of such application;

A statement that applicant has never been convicted of a felony and is not disqualified to receive a license by reason of any matter or thing contained in this chapter, the laws of this state, or the ordinances of this village;

Whether a previous license or application for a license by any state or subdivision thereof, or by the federal government has been revoked, suspended, or denied, or whether the applicant was ever fined for a previous liquor license violation and the reasons therefore;

A statement that the applicant will not violate any of the laws of the state of Illinois or of the United States or any ordinances of the village in the conduct of his place of business;

If the application is made by an individual, it shall be signed by such individual, and if the application is made by a partnership, corporation or club, then it shall be signed by at least two members of such partnership or the president and secretary of such Illinois corporation or club, or an authorized agent of a foreign corporation licensed to do business in Illinois;

Fingerprints and photos shall be provided as part of the application and shall be taken by the Mundelein police department for which the applicant shall be assessed the cost;

Certificate of insurance, including dram shop coverage;

If the premises is not owned by the applicant, a copy of the current lease for the premises.

In addition to the foregoing information, such application shall contain such other and further information as the local liquor control commissioner may, by rule or regulation not inconsistent with the law, prescribe. (Ord. 05-11-71 § 1; Ord. 04-12-69 § 4)

5.76.050 Persons not eligible for license

No such license shall be issued to:

A person who is not a resident of Lake County, Illinois;

A person who is not of good character and reputation in the community in which he resides

A person who is not a citizen of the United States;

A person who has been convicted of a felony under the laws of any state;

A person who has been convicted of being a keeper or is keeping a house of ill fame;

A person who has been convicted of pandering or other crime or misdemeanor opposed to decency and morality;

A person whose license under this chapter has been revoked for cause;

A person who at the time of application for renewal of any license issued hereunder would not be eligible for such license upon a first application;

A co-partnership, unless all the members of such co-partnership shall be qualified to obtain a license, except for citizenship and residence within the political subdivision, provided that the person who actually manages the day-to-day operation of the licensee's business is a resident of Lake County, Illinois and meets all the other qualifications of a licensee;

A corporation, unless all officers, directors and stockholders owning in the aggregate more than five percent of the stock of such corporation, shall be qualified to obtain a license, except for citizenship and residence within the political subdivision provided that the person who actually manages the day-to-day operation of the licensee's business is a resident of Lake County, Illinois and meets all the other qualifications of a licensee;

A person whose place of business is conducted by a manager or agent unless the manager or agent possesses the same qualifications required of the licensee;

A person who has been convicted of a violation of any federal or state law concerning the manufacture, possession, or sale of alcoholic liquor, or shall have forfeited his bond to appear in court to answer charges for any such violation;

A person who does not beneficially own the premises for which a license is sought, or does not have a lease thereon for the full period for which the license is to be issued;

Any law enforcing public official, or any member of the local liquor control commission, the president and any member of the village board of trustees; and no such official shall be interested in any way, either directly or indirectly, in the manufacture, sale or distribution of alcoholic liquor;

Any person, associate or corporation not eligible for a state retail liquor dealer's license;

A person convicted of a gambling offense. (Ord. 04-12-69 § 5)

5.76.060 Term - Fee prorated

Each such license issued hereunder shall terminate at midnight on the thirtieth day of April next following its issuance. The fee to be paid shall be reduced in proportion to the full calendar months which have expired from the first day of May prior to the issuance of the license. (Ord. 04-12-69 § 6)

5.76.070 Records

The local liquor control commissioner stall keep or cause to be kept a complete record of all such licenses issued by him or her; and shall furnish the clerk, treasurer and police chief with a copy thereof. Upon issuance of any new license, or the revocation of any old license, the local liquor control commissioner shall give written notice of such action to each of these officers within forty-eight hours of such action. (Ord. 04-12-69 § 7)

5.76.080 Licenses - General regulations

A license shall be purely personal privilege, good for not to exceed one year after issuance, unless sooner revoked as in this chapter provided or as provided in the Liquor Control Act, and shall not constitute property nor shall it be subject to attachment, garnishment or execution, nor shall it be alienable or transferable, voluntary or involuntary, or subject to being encumbered or hypothecated. Such license shall not descend by the laws of testate or in testate devolution, but it shall cease upon the death of the licensee, provided that executors or administrators of the estate of any deceased licensee, and the trustee or any insolvent or bankrupt licensee, when such estate consists in part of alcoholic liquor, may continue the business of the sale of alcoholic liquor under the order of the appropriate court, and may exercise the privileges of the deceased or insolvent or bankrupt licensee after the death of such decedent or such insolvency or bankruptcy until the expiration of such license but not longer than six months after the death, insolvency or bankruptcy of such licensee. A refund shall be made of that portion of the license fees paid for any period in which the licensee shall be prevented from operating under such license in accordance with the provisions of this section.

The foregoing provisions shall not be construed so as to prevent any licensee or any such executor, administrator or trustee from transferring and assigning the privilege of renewal or reissuance of his license, pursuant to Section 5.76.100 of this chapter, nor so as to prevent the issuance of a new license to the assignee upon full compliance with the provisions of this chapter, provided that the privilege of any executor, administrator or trustee to transfer and assign such privilege shall be limited to the aforesaid six-month period. (Ord. 04-12-69 § 8)

5.76.090 Payment of fees

t the time an original application or an application for a transfer is made for a license hereunder, a nonrefundable application fee of two hundred fifty dollars shall be deposited with the local liquor control commissioner of the village. In the event that any license applied for is granted, the full amount payable, as provided in Section 5.76.060 of this chapter, for the license shall be deposited with the local liquor control commissioner before any license is issued (which shall be in addition to the two hundred fifty dollar application fee). All sums so deposited with the local liquor control commissioner shall be turned over to the village treasurer and shall be placed by the village treasurer in the general corporate fund of the village or in such other fund as shall have been designated by the board of trustees by proper action. (Ord. 04-12-69 § 9)

5.76.100 Renewal

Any licensee may apply for renewal of his license at the expiration thereof, provided that he is then qualified to receive a license and the premises for which such renewal license is sought are suitable for the purpose; provided further that the renewal privilege provided in this chapter for shall not be construed as a vested right which shall in any case prevent the president and board of trustees from decreasing the number of licenses to be issued within the village or to be issued within the village within any class. (Ord. 04-12-69 § 10)

5.76.110 Change of class

Subject to the limitation on the number of licenses which may be issued and the making of such additional payment as may be necessary to meet license fee requirements in case of a change to a higher fee class of license, a change may be made from one class of license to another upon renewal or reissuance of a license. (Ord. 04-12-69 § 11)

5.76.120 Transferability

Except as otherwise provided in this chapter, a liquor license is not transferable. The owner, or legal representative of a deceased, bankrupt or insolvent owner of a retail liquor license issued hereunder, may transfer and assign the privilege to the renewal or reissuance of such license. All such assignments shall be in writing, shall be signed by the assignor, and shall be filed with the local liquor control commissioner. The applicant for such reissued license may first file his application and have it passed upon conditionally by the local liquor control commissioner before filing such assignment and depositing the old license for cancellation.

In the event of such a transfer or assignment during the twelve-month period beginning on any May 1 and ending on the following April 30, and upon the payment by the transferee or assignee of the prorated license fee pursuant to Section 5.76.060 of this chapter, the transferor or assignor shall be refunded the unused portion of the license fee theretofore paid for such period less a transfer or assignment fee in the sum of one hundred dollars which shall be retained. (Ord. 04-12-69 § 12)

5.76.130 Joint tenancy

A license may be issued to two or more persons as joint tenants with the right of survivorship, and in case of the death of one of such joint tenants, the surviving joint tenant or tenants shall thereupon succeed to all the rights therein by the right of survivorship. (Ord. 04-12-69 § 13)

5.76.140 License classification; fees; number; hours

The local liquor control commissioner is authorized to grant liquor licenses for the selling at retail of alcoholic liquor for the period beginning on the first day of May of any year and ending on the thirtieth day of April of the next or succeeding year.

Such licenses shall be, and are hereby divided into the following classes and are to adhere to the following specifications provided. No license holder shall permit a customer to supply their own alcoholic liquor for sale, distribution or consumption on a licensed premises. Restaurants shall not permit patrons to bring their own alcohol to be consumed on the premises with their meal. Corkage fees are not permitted. Restaurants may permit a patron to take wine off premises that has been sold to be consumed with the meal, but unfinished, provided the bottles have been properly sealed for transport in compliance with state law.

Class A license (establishments with off-premises beer sales), which shall authorize the retail sale on the licensed premises described of alcoholic liquor for consumption on such premises as well as other retail sales of beer only. Said premises shall have a full service bar thereon. The annual fee for each such license shall be two thousand five hundred dollars. There shall be no more than a total of three Class A licenses outstanding and in force at any one time. Said establishment shall be closed from two a.m. through six a.m. on weekdays, and from three a.m. through six a.m. on Saturdays, Sundays and holidays, during which no alcoholic liquor shall be sold, or offered for sale, on the premises. Sale of beer not be consumed on the licensed premises shall be prohibited from twelve a.m. to six a.m.
Class A license holders are permitted to offer banquet services within the licensed facility, provided the facility and room meets the occupancy requirements set by the Mundelein fire department.

Class A1 license (establishments without off-premises beer sales), which shall authorize the retail sale on the licensed premises described of alcoholic liquor for consumption on such premises. Said premises shall have a full service bar thereon. The annual fee for each such license shall be two thousand dollars. There shall be no more than a total of thirteen Class A1 licenses outstanding and in force at any one time. Said establishment shall be closed from two a.m. through six a.m. on weekdays, and from three a.m. through six a.m. on Saturdays, Sundays and holidays, during which no alcoholic liquor shall be sold, or offered for sale, on the premises.
Class A1 license holders are permitted to offer banquet services within the licensed facility, provided the facility and room meets the occupancy requirements set by the Mundelein fire department.

Class B license, which shall authorize the retail sale on the licensed premises described of alcoholic liquor in their original packages, but not for consumption on the premises where sold. The annual fee for each such license shall be one thousand five hundred dollars. There shall be no more than a total of seventeen Class B licenses outstanding and in force at any one time. Sale of alcoholic liquor shall be prohibited from twelve midnight through six a.m.

C1. Class B1 License (packaged liquor sales-beer and wine only), which shall authorize the retail sale on the licensed premises described of beer and wine and no other type of alcoholic liquor in their original packages, but not for consumption on the premises where sold. The annual fee for each such license shall be one thousand five hundred dollars. There shall be no more than a total of one Class B1 license outstanding and in force at any one time. Sale of alcoholic liquor shall be prohibited from twelve midnight through six a.m.

Class D license, which shall authorize the retail sale on the licensed premises described for special events of alcoholic beverages, including any gift, sale or dispensing of same.
Class D licenses shall be limited to not-for-profit organizations. Under no circumstances, shall a Class D license be issued to persons, firms or corporations operating a for profit business where alcoholic liquor is served either to the public or persons attending a private party where a charge is made therefore either directly or indirectly through an admission fee, service change, meal charge, donation, or any other charge whatsoever.

Class D licenses shall not be issued for more than a one-week duration, and may be less at the discretion of the local liquor control commissioner.

The fee for a Class D license shall be twenty-five dollars per day, not to exceed one hundred fifty dollars.

There shall be no limit on the number of not-for-profit organizations receiving a Class D licenses in any one year. However, no not-for-profit organization shall be issued more than nine Class D licenses in any year. Said premises shall be closed from two a.m. to six a.m. on weekdays, and from three a.m. to five a.m. on Saturdays, Sundays and holidays, during which no alcoholic liquor shall be should, or offered for sale, given or dispensed on the premises.

In addition to the usual requirements for application of licenses, the applicant for a Class D license shall furnish the village clerk with evidence of the liquor liability covering the special event. Class D license applications shall be filed with the village clerk at least fifteen days prior to the special event.

Class E License (bingo), which shall authorize the retail sale on the licensed premises described of beer for consumption on such premises, subject to the following provisions:

Application is limited to non-for-profit organizations;

The applicant shall hold a current bingo license, issued under the Bingo License and Tax Act of the state of Illinois;

Any license issued under this section shall only be valid when held in conjunction with a licensed bingo activity;

The retail sale of beer shall be limited to a period not exceeding two hours prior to the commencement of the first bingo game and shall terminate at the completion of the last bingo game on the day on which such bingo activity is held;

The day of the week and the place for which application is made shall be listed on the application and the license. The day of the week only may be changed by the applicant after receiving approval by the local liquor control commissioner of an amendment to the original application and license;

No other alcoholic liquor may be consumed on the premises during the valid time of a Class E license;

The license shall be valid for only one day per week as specified;

The license shall be subject to all applicable provisions under this chapter.

The fee for a Class E license shall be one hundred dollars for the license year, May 1st through April 30th, and no provision shall be made for a prorated license fee. There shall be no limit on the number of Class E (bingo) licenses issued in any year.

Class F license (restaurants/no bar), which shall authorize the retail sale in restaurants of alcoholic liquor for consumption only at tables on the licensed premises where sold. Consumption of alcoholic liquor at or over a bar or counter is specifically prohibited on premises covered by a Class F license. Such licenses may be issued and retained by those establishments which:

Have a seating capacity at tables for a minimum of fifty persons for food service; and

Are, in fact, operated and licensed as restaurants; and

Offer their patrons full and complete meals, including dinner menu, and in which the service of alcoholic beverages is incidental and complimentary to the service of such meals.

The annual fee for each such license shall be two thousand dollars and there shall be no more than a total of three Class F licenses outstanding and in force at any one time. Said establishment shall be closed from two a.m. to six a.m. on weekdays, and from three a.m. to six a.m. on Saturdays, Sundays, and holidays, during which no alcoholic liquor shall be sold, or offered for sale, on the premises.

Class G license (restaurant/beer and wine sales only), which shall authorize the retail sale in restaurants of beer and wine and no other type of alcoholic liquor, for consumption only at tables or booths on the licensed premise where sold. Consumption of beer or wine at or over a counter or bar is specifically prohibited on premises covered by a Class G license. Such license may be issued and retained by those establishments which:

Have a seating capacity at tables and booths for a minimum of twenty-five persons for food service;

Are, in fact, operated and licensed as restaurants, as defined herein;

Offer their patrons full and complete meals, including a dinner menu, and in which the serving of beer and wine is incidental and complementary to the service of such meals;

Have no coin-operated amusement machines on the premises; and

Class G license holders are not permitted to offer banquet services within the licensed facility.
The annual fee for each license shall be one thousand five hundred and there shall be no more than a total of six Class G licenses outstanding and in force at any one time. A licensee which possesses a valid Class G license shall not serve, or offer for sale, beer or wine between the hours of twelve a.m. and six a.m. and shall not allow any beer or wine to be present on the tables or booths in the establishment between one a.m. and six a.m.

The term "full and complete meals, including a dinner menu" means food service provided by a licensee on the licensed premise on not less than five days each week, between at least the hours of five p.m. and eight p.m. continuously. Pizza, spaghetti, chop suey, and similar items, (but not sandwiches and snack-type foods), shall be considered a "full and complete meal."

Class H license (golf course), which shall authorize the retail sale on the licensed premises described of alcoholic liquor for consumption only on such premises. Said premises may have a full serve bar thereon. Such licenses may be issued and retained by those establishments which:

Have a seating capacity at tables and booths for a minimum of twenty-five persons for food service, which may consist of sandwiches, snacks and items similar thereto;

Have a daily fee golf course having not less than eighteen holes; and The following shall be permitted at a Class H licensed facility:

The sale of alcoholic liquor at a bar in the clubhouse or at tables.

The sale of alcoholic liquor from a motorized "beverage cart" or from a beverage facility on the golf course.

Consumption of alcoholic liquor on the golf course grounds.

The sale of alcoholic liquor in conjunction with restaurant meal service.

The sale of alcoholic liquor as part of banquet service, provided the facility is equipped with a banquet room that meets the occupancy requirements of the Mundelein fire department.

The sale of alcoholic liquor from a temporary structure erected on the premises for the purpose of expanding the banquet service capabilities of the facility, provided the structure is erected with the proper permits and approval of the village of Mundelein.

The annual fee for each such license shall be one thousand five hundred dollars and there shall be no more than a total of three Class H licenses outstanding and in force at any one time. No alcoholic liquor shall be served or offered for sale on the licensed premises from twelve a.m. to six a.m.

Class J license (hotel, motel and university), which shall authorize the retail sale in hotels and motels, having at least seventy-five individual rental units, and at universities of higher education with overnight accommodations having at least one hundred dormitory rooms, of alcoholic liquor for consumption on the licensed premises by guests of the licensed premises where sold. Consumption of alcoholic liquor at or over a bar or counter is specifically prohibited on premises covered by a Class J license. Alcoholic liquor may only be sold or provided in:

Designated meeting/banquet rooms approved by the local liquor commissioner. Banquet services are permitted provided the banquet room meets Mundelein fire department standards for a place of assembly.

In a lounge area providing a maximum seating capacity of fifty persons;

In a swimming pool area;

Alcoholic liquor may be consumed in the individual rental units or dormitory rooms. Alcoholic liquor may not be sold from individual rental units or dormitory rooms. Alcoholic liquor for sale or distribution in any of the permitted locations on premises must be provided by the license holder.

Alcoholic liquor may be sold or offered for sale to rooms which contain sleeping accommodations through room service only if delivered to the room by an individual of at least twenty-one years of age with a BASSET, or equivalent, license and pursuant to the license holder's operational plans, approved by the local liquor commissioner, or his designee, delineating additional administrative controls to ensure that underaged drinking does not occur in the rooms which contain sleeping accommodations.

If the license holder intends to offer the sale of alcoholic liquor through room service, the application for the Class J license shall include the applicant's operations plan ensuring that underage drinking does not occur in the rooms which contain sleeping accommodations.

The annual fee for each such license shall be one thousand five hundred dollars and there shall be no more than a total of two Class J licenses outstanding and in force at any one time. No alcoholic liquor shall be sold, or offered for sale, on the premises between two a.m. and eight a.m. on all days of the week.

Class K license (banquet services only), shall authorize the serving and retail sale of alcoholic liquor for consumption on the premises of establishments constructed as banquet service facilities and authorized for banquet services as the principal use, or in such public facilities in which banquet services are permitted, but where no other type of liquor license has been issued for the facility.

Alcoholic liquor under this license may be served and sold only to invited guests.

No such banquet facility shall have a bar, lounge, or similar area devoted primarily to the service and consumption of alcoholic beverages only.

No retail sale of alcoholic beverages shall be made at any time to the general public, other than those in attendance at the banquet event.

The annual fee for each license shall be two thousand five hundred dollars and there shall be no more than a total of zero Class K licenses outstanding and in force at any one time. A licensee which possesses a valid Class K license shall not serve, or offer for sale, alcoholic liquor between the hours of two a.m. and eight a.m.

Class L (Tasting Events). A Class L liquor license shall authorize the holder to conduct beer, wine or liquor tasting events subject to the provisions listed below at which alcoholic liquor is sampled by the public to promote retail sale by the liquor license holder.
Nothing in this section shall prohibit the holder of a Class B liquor license from holding a beer, wine or liquor tasting event on the premises of the license holder for the purpose of featuring a limited quantity of new products without the receipt of a Class L license or payment of an additional fee.

Holders of a Class B liquor license shall be required to obtain a Class L license to hold a tasting promoting the sale of alcoholic liquor off the premises of the license holder. In addition, holders of a Class F, G, H, I, J or K shall be required to obtain a Class L license to hold a tasting promoting the sale of alcoholic liquor on the premises of the license holder.

Nothing in this section shall permit the holders of Class A, A1, F, G, H, J, K or M to hold a promotional tasting event off the premises of the license holder.

The following provisions are required for any Class L liquor license holder:

Beer, wine and liquor tastings are permitted as promotional events, which shall be limited to a maximum of four per year. No single tasting shall exceed two consecutive days.

A Class A, A1, B, F, G, H, J or M liquor license holder must apply for and be issued a class l license for each separate tasting period from the local liquor control commissioner.

The tasting shall be supervised by an employee of the licensed liquor establishment who has completed BASSET training in accordance with Section 5.76.310 of this chapter, and may only be conducted in a designated area approved by the local liquor control commissioner.

Food must be served as part of the tasting.

No licensee shall give or offer to give away alcoholic liquors as a gift, gratuity, or tie-in with the sale of nonalcoholic products or to induce the purchase of or promote the sale of nonalcoholic products.

If the establishment's existing liquor license is restricted to the sale of beer or wine, the tasting shall also be so restricted.

The fee for each such license shall be one hundred dollars per day.

Reserved.

Class M1 license (microbrewery), which shall authorize the operation of a microbrewery producing less than thirty thousand barrels of beer or ale per license year in compliance with state and federal licenses authorizing the production, storage and distribution of an alcoholic beverage.
A Class M1 microbrewery license shall further authorize:

The retail sale, at a bar or table, of the beer and ale produced on the premises. No retail sale of beer and ale produced off-premises or other alcoholic liquor shall be permitted.

As part of a microbrewery tour, the consumption of up to four samples, which do not exceed four fluid ounces per sample, of the beer and ale produced on the premises may be provided without charge.

The sale of beer and ale dispensed into growlers for consumption off premises, provided the growlers are properly sealed for transport in compliance with state law.

The sale of beer or ale produced on premises and dispensed into kegs for consumption off-premises provided the kegs are sold in accordance with Section 5.76.320 of this code.

The annual fee for each Class M1 license shall be two thousand five hundred dollars. There shall be no more than a total of one Class M1 license outstanding and in force at any one time.

The retail portion of said establishment shall be closed from twelve a.m. through six a.m. on weekdays, Saturdays, Sundays and holidays during which no alcoholic liquor shall be sold, or offered for sale, on the premises.

Class M2 license (brew pub), which shall authorize the operation of a microbrewery producing less than thirty thousand barrels of beer per license year in compliance with state and federal licenses authorizing the production, storage and distribution of an alcoholic beverage.
A Class M2 brew pub license shall further authorize:

The retail sale, at a bar or table, of the beer and ale produced on the premises.

Retail sale at a full service bar of alcohol produced off-site.

As part of a microbrewery tour, the consumption of up to four samples, which do not exceed four fluid ounces per sample, of the beer and ale produced on the premises may be provided without charge.

The sale of beer and ale dispensed into growlers for consumption off premises, provided the growlers are properly sealed for transport in compliance with state law.

The annual fee for each Class M2 license shall be three thousand five hundred dollars. There shall be no more than a total of zero Class M2 license outstanding and in force at any one time.

The retail portion of said establishment shall be closed from two a.m. through six a.m. on weekdays, and from three a.m. through six a.m. on Saturdays, Sundays and holidays, during which no alcoholic liquor shall be sold, or offered for sale, on the premises.

It is unlawful to be in possession of, or to consume, any alcoholic liquor in any restaurant, or other establishment holding a food vendor's license from the county of Lake, within the village of Mundelein unless the possession is on the premises of an establishment holding a valid village of Mundelein liquor license. (Ord. 04-12-69 § 15)

5.76.160 Employees

Every person in charge of premises where alcoholic liquor is sold shall keep himself and his employees in a clean condition and cleanly clothed, and no person who has any communicable skin disease or who has an infectious, contagious, or venereal disease shall engage in or be employed in and about such business or on such premises.

It is further unlawful for any person under the age of twenty-one to draw, pour, mix or sell any alcoholic liquor as an employee of any retail licensee; it is further unlawful for anyone under the age of eighteen to serve alcoholic liquor.

Every business must have a named manager, including sole proprietorships. The manager of the day-to-day operation of the licensee's business must be a resident of Lake County, Illinois and a U.S. citizen. The village of Mundelein must be notified within thirty days of the change of manager for the licensed establishment. (Ord. 08-02-09 § 1)

5.76.170 Sanitary conditions

All premises used for the retail sale of alcoholic liquor, or for the storage of such liquor for such sale, shall be kept in a clean and sanitary condition, shall be kept in full compliance with this chapter and ordinances regulating the condition of the premises used for the storage or sale of food for human consumption, and shall have free toilet facilities for both men and women. (Ord. 04-12-69 § 17).

5.76.180 Location restrictions

No license shall be issued for any location in violation of the zoning code as amended, and no license shall be issued for the sale at retail of any alcoholic liquor within one hundred feet of any church, hospital, school, home for aged, or indigent persons, or for veterans, their wives or children, or any military or naval station; provided that this prohibition shall not apply to hotels offering restaurant services, regularly organized clubs, or to restaurants, food shops or other places where the sale of alcoholic liquor is not the principal business carried on, if such place of business so exempted shall have been established for such purposes prior to the taking effect of the Liquor Control Act; nor for the renewal of a license for the sale at retail of alcoholic liquor on the premises within one hundred feet of any church where such church has been established within one hundred feet since the issuance of the original license. Also, no such license shall be issued for any premises in violations of the Liquor Control Act. (Ord. 04-12-69 § 18)

5.76.190 Sale to persons under twenty-one prohibited

No licensee nor any officer, associate, member, representative, agent or employee of such licensee shall sell, give or deliver alcoholic liquor to any person under the age of twenty-one years or to any intoxicated person or to any person known by him to be a habitual drunkard, spendthrift, insane, mentally ill, mentally deficient or in need of mental treatment. No person, after purchasing or otherwise obtaining alcoholic liquor, shall sell, give or deliver such alcoholic liquor to another person under the age of twenty-one years except in the performance of a religious ceremony or service.

It is unlawful for any licensee, or his agent or employee, to suffer or permit any person under the age of twenty-one years to be or remain in any room or compartment situated in or adjoining or adjacent to the place where such licensed premises are located, provided that this section shall not apply to any person under the age of twenty-one years who is accompanied by his or her parent or guardian, or to that portion of any licensed premises which derives its principal business from the sale of services or commodities other than alcoholic liquor, such as restaurants, food shops, bowling alleys and golf courses.

Every place in the village where alcoholic liquor is sold shall display, at all times in a prominent location, a printed card which shall be issued by the village and which shall read substantially as follows:
"WARNING: Minors, you are subject to a fine up to $500.00 under the ordinances of the Village of Mundelein, Illinois if you PURCHASE alcoholic liquor, or MISREPRESENT YOUR AGE for the purpose of purchasing alcoholic liquor. OFFICIAL PHOTO IDENTIFICATION will be required to prove age before purchase. Any person who purchases or otherwise obtains alcoholic liquor which he or she resells or gives to any minor shall also be subject to a fine up to $500.00."

If a licensee or his agent or employee believes, has reason to believe, or should have reason to believe that a sale or delivery of alcoholic liquor is prohibited because the prospective recipient is underage, then he shall, before making such sale or delivery, demand presentation of at least two separate forms of positive identification, each containing proof of age, each issued by a public officer in the performance of his official duties and one of those forms of identification must contain a photograph of the holder thereof. A traffic citation shall not be accepted as identification or evidence of age. (Ord. 05-01-11 § 1; Ord. 04-12-69 § 19)

5.76.200 Purchase, possession or consumption by persons under twenty-one prohibited

It is unlawful for any person under the age of twenty-one years to purchase, obtain, accept a gift of, consume or have in his or her possession any alcoholic liquor in any place in the village, unless provided otherwise in this chapter.

No person shall misrepresent his or her age for the purpose of purchasing or obtaining alcoholic liquor in any place in the village.

No person shall transfer, alter or deface an identification card as described in Section 5.76.190(D) of this chapter, use the identification card of another, carry or use a false or forged identification card, obtain an identification card by means of false information, or otherwise misrepresent his or her age for the purpose of purchasing or obtaining alcoholic liquor in any place in the village.

This section shall not be construed to prevent the employment of persons who are at least eighteen years of age on the licensed premises for the purpose of serving any alcoholic liquor.

Persons under the age of eighteen years of age may also be employed on the licensed premises, provided they do not draw, pour, mix, serve, or sell alcoholic liquor.

It is unlawful for any parent or guardian to knowingly suffer or permit any minor child of which he or she may be the parent or guardian to violate any provision of this section.

It is unlawful for any owner or occupant of any premises located within the village to knowingly allow any person under the age of twenty-one years to remain on such premises while in the possession of alcoholic liquor or while consuming alcoholic liquor in violation of this section.

Nothing in this section shall excuse or relieve the licensee or persons in charge of any place in the village where alcoholic liquor is sold from the restrictions and requirements of this chapter or any other ordinance of the village or of the laws of the state of Illinois. (Ord. 04-12-69 § 20)

5.76.210 Prohibited conduct

The following kinds of conduct on premises in the village licensed to sell alcoholic liquor are prohibited:

The performance of acts, or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law;

The actual or simulated touching, caressing, or fondling of the breasts, buttocks, anus, genitals or vulva;

The actual or simulated displaying of the breasts, buttocks, pubic hair, anus, vulva or genitals;

The permitting by a licensee of any person to remain in or upon the licensed premises who exposes to public view any portion of his or her breasts, buttocks, pubic hair, genitals, anus or vulva;

The displaying of films or pictures depicting acts, a live performance of which is prohibited by this section. (Ord. 04-12-69 § 21)

5.76.220 Complaints

Any citizen may make a complaint to the local liquor control commissioner for a violation of any of the provisions of this chapter. Such complaint shall be in writing and shall be signed and sworn to by the party complaining. The complaint shall state the particular provision, rule or regulation that is believed to have been violated, and the facts in detail upon which the belief is based. If the local liquor control commissioner is satisfied that the complaint substantially charges a violation and that from the facts alleged there is reasonable cause for such belief, he shall set the matter for hearing and shall serve notice upon the licensee of the time and place of such hearing and of the particular charge in the complaint. (Ord. 04-12-69 § 22)

5.76.230 Peddling

It is unlawful to peddle alcoholic liquor in the village. (Ord. 04-12-69 § 23)

5.76.240 Closing hours

It is unlawful to sell or offer for sale at retail any alcoholic liquor outside of the prescribed selling hours (as stated in Section 5.76.140). Except for the restrictions, licensees hereunder may sell alcoholic liquor on Sundays. It is unlawful to keep open for business or to admit the public to any premises in which alcoholic liquor is sold at retail during the hours within which the sale of liquor is prohibited; provided that in the case of restaurants, clubs, hotels, food shops, and other places where the sale of alcoholic liquor is not the principal business carried on, such establishments may be kept open during such hours, but no alcoholic liquor may be sold to or consumed by the public during such hours.

No customer, patron, invitee or other person, except the licensee and employees of the licensee, shall be allowed to remain on the premises in which alcoholic liquor is sold at retail more than fifteen minutes following the closing hours stated in Section 5.76.140 of this chapter and the presence of any such customer, patron, invitee or other person on the premises thereafter shall be a violation of this chapter by the licensee or the licensee's employee in charge of the premises at the time. (Ord. 04-12-69 § 24)

5.76.250 License displayed

Every licensee shall cause his license or licenses to be framed and hung in plain view in a conspicuous place on the licensed premises. (Ord. 04-12-69 § 25)

5.76.260 Penalties for violations

Any person, firm or corporation violating any of the provisions of this chapter shall, upon conviction by a court of competent jurisdiction, be fined not less than two hundred fifty dollars, nor more than two thousand five hundred dollars for each offense and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Ord. 04-12-69 § 26)

5.76.270 Violations of other laws

No one selling, handling or making use of alcoholic liquor in the village shall violate any law of the state of Illinois or of the United States, and any violation of this section shall be considered an offense hereunder and shall subject the offender to the penalty of penalties provided for in this chapter. (Ord. 04-12-69 § 27)

5.76.280 Suspension - Revocation - Fine

The local liquor control commissioner may revoke or suspend any license issued hereunder if he determines that the licensee has violated any of the provisions of the Video Gaming Act, 230 ILCS 40/1 et seq., and/or Title 11 of the Illinois Administrative Code Subtitle D: Video Gaming, Chapter 1: Illinois Gaming Board, Part 1800 Video Gaming (General), as amended, incorporated by reference in this chapter. No such license shall be revoked or suspended for more than thirty days and no licensee shall be fined except after a public hearing by the local liquor control commissioner with a three day written notice to the licensee affording the licensee opportunity to appear and defend. The local liquor control commissioner may also levy a fine only or a fine in addition to a suspension not to exceed one thousand dollars for a first violation within a twelve-month period; one thousand five hundred dollars for a second violation within a twelve-month period; two thousand five hundred dollars for a third or subsequent violation within a twelve-month period. Each day on which a violation continues shall constitute a separate violation. Not more than fifteen thousand dollars in fines under this section may be imposed against a licensee during the period of his, her or its license. Proceeds of such fines shall be paid into the general corporate fund of the village.

If the local liquor control commissioner has reason to believe that any continued operation of a particular licensed premises will in any way threaten the welfare of the village, he may, upon the issuance of a written order stating the reason for such conclusion and without notice or hearing, order the licensed premises closed for not more than seven days, giving the licensee opportunity to be heard during that period; except that if such licensee shall also be engaged in the conduct of another business or businesses on the licensed premises, such order shall not be applicable to such other business or businesses.

The local liquor control commissioner shall, within five days after such hearing, if he determines after such hearing that the license should be revoked or suspended or that the licensee should be fined, state the reason or reasons for such determination in a written order, and either the amount of the fine, the period of suspension, or that the license has been revoked, and shall serve a copy of such order within the five days upon the licensee. The licensee shall have the privilege, within a period of twenty days after the receipt of such order of fine, suspension or revocation, of appealing the order to the Illinois Liquor Control Commission and upon the filing of such an appeal by the licensee, the Illinois Liquor Control Commission shall determine the appeal upon the certified record of proceedings of the local liquor control commissioner in accordance with state law. (Ord. 04-12-69 § 28) (Ord. No. 09-02-08, § 1, 2-9-09; Ord. No. 12-10-43, § 4, 10-22-12)

5.76.290 Termination

If any licensee shall cease doing business on the premises covered by any license or shall remain closed for a period of sixty consecutive days (unless authorized by the local liquor control commissioner for restoration or remodeling following the destruction or partial destruction thereof, or for such other reason as may be approved by the local liquor control commissioner), such license shall thereupon become terminated and void and there shall be no refund of any portion of the license fee; provided, however, that any period in which a golf course (to which a Class H liquor license has been issued) is closed between November 1 and March 1 shall not be counted for purposes of this section, but the period between November 1 and March 1 shall not be considered to destroy the consecutiveness of days immediately before and after such period when such premises are closed. (Ord. 04-12-69 § 29)

5.76.300 Happy hours prohibited

All retail licensees shall maintain a schedule of the prices charged for all drinks of alcoholic liquor to be served and consumed on the licensed premises or in any room or part thereof. Whenever a hotel or multi-use establishment which holds a valid retailer's license operates on its premises more than one establishment at which drinks of alcoholic liquor are sold at retail, the hotel or multi-use establishment shall maintain at each such establishment a separate schedule of the prices charged for such drinks at that establishment.

No retail licensee or employee or agent of such licensee shall:

Serve two or more drinks of alcoholic liquor at one time to one person for consumption by that one person, except selling or delivering wine by the bottle or carafe;

Sell, offer to sell, or serve to any person an unlimited number of drinks of alcoholic liquor during any set period of time for a fixed price, except at private functions not open to the general public;

Sell, offer to sell, or serve any drink of alcoholic liquor to any person on any one date at a reduced price other than that charged other purchasers of drinks on that day where such reduced price is a promotion to encourage consumption of alcoholic liquor, except as authorized in subsection (c)(7) of this section;

Increase the volume of alcoholic liquor contained in a drink, or the size of a drink of alcoholic liquor, without increasing proportionately the price regularly charged for the drink on that day;

Encourage or permit, on the licensed premised, any game or contact which involves drinking alcoholic liquor or the awarding of drinks of alcoholic liquor as prizes for such game or contest on the licensed premises; or

Advertise or promote in any way, whether on or off the licensed premises, any of the practices prohibited under subsections (b)(1) through (5) of this section.

Nothing in subsection B of this section shall be construed to prohibit a licensee from:

Offering free food or entertainment at any time;

Including drinks of alcoholic liquor as part of a meal package;

Including drinks of alcoholic liquor as part of a hotel package;

Negotiating drinks of alcoholic liquor as part of a contract between a hotel or multi-use establishment and another group for the holding of any function, meeting, convention or trade show;

Providing room service to persons renting rooms at a hotel;

Selling pitchers (or the equivalent, including, but not limited to, buckets), carafes, or bottles of alcoholic liquor which are customarily sold in such manner and delivered to two or more persons at one time; or

Increasing prices of drinks of alcoholic liquor in lieu of, in whole or in part, a cover charge to offset the cost of special entertainment not regularly scheduled. (Ord. 04-12-69 § 30)

5.76.310 BASSET training programs

Effective May 1, 2013, all applications for liquor licenses shall be accompanied with proof of completion of a State Certified Beverage Alcohol Sellers and Servers Educational Training (BASSET) program for all managers, anyone acting in a management capacity, all employees who sell or serve alcoholic beverages, and anyone whose job description includes the checking of identification for the purchase of alcoholic beverages. Proof of completion of a State Certified BASSET program must be dated within three years of the effective date of the liquor license.

Applications for liquor licenses effective on or before May 1, 2013 shall be accompanied with proof of completion of a State Certified Beverage Alcohol Sellers and Servers Educational Training (BASSET) program for all managers, anyone acting in a management capacity, all employees who sell or serve alcoholic beverages, and anyone whose job description includes the checking of identification for the purchase of alcoholic beverages. Proof of completion of a State Certified BASSET program must be dated within three years of the effective date of the liquor license.

All holders of Class D licenses shall have available for the Police Department the name, address, and date of birth of all persons serving alcohol.

A state certified BASSET training program shall be defined as a BASSET program licensed by the State of Illinois Department of Alcoholism and Substance Abuse (DASA) as required by 235 ILCS 5/6-27 of the Illinois Compiled Statutes and regulated under Title 77 of the Illinois Administrative Code, Chapter X, Section 2056 Subpart F. Providers of BASSET training shall be required to have on file with the liquor commission all licenses and certificates to prove current qualifications.

Each establishment issued a liquor license shall maintain a record of BASSET training completed by each employee required to receive such training in accordance with subsection (a) above. Such records shall be maintained in a manner that will allow inspection upon demand by any designee of the liquor control commission.

No employee shall perform any duties for which that person is required to have BASSET certification if that person's BASSET certification is more than three years old.

New employees are required to obtain BASSET certification within thirty days of their date of hire, and provide proof of completion of a State Certified Beverage Alcohol Sellers and Servers Educational Training (BASSET) program to the village. (Ord. 08-02-09 § 2) (Ord. No. 13-01-02, § 1, 1-14-13)

5.76.320 Sale of kegs

A liquor license holder who sells a keg shall affix to each keg sold a tag, furnished by the local liquor control commissioner, containing an identification number enabling the purchaser to be identified.

The liquor license holder shall keep a logbook of all kegs sold, showing the identification number on the tag affixed to each keg, and the purchaser's name, address, telephone number, driver's license/state identification number, description of second form of identification, if required, date of birth, and signature of party purchasing keg. The log book shall be available for inspection by the village police department during normal working hours.

The liquor license holder shall require the purchaser to deposit, at the time of the sale of a keg, at least fifty dollars for sale of a keg with a pumper and at least ten dollars for sale of a keg without a pumper. The deposit shall be refunded only upon the return of the keg with the tag properly affixed. Only one deposit fee will be required from a purchaser of more than one keg at any one time.

The liquor license holder shall require the purchaser, at the time of the sale, to sign a form to be provided by the local liquor commissioner, setting forth the provisions of this section and informing the purchaser that the deposit will be forfeited if the keg is not returned with the tag properly affixed. The licensee shall retain this form for ninety days after the sale.

Any keg not returned with the tag properly affixed within sixty days following the date of sale shall be considered lost, and the deposit shall be forfeited.

The licensee shall notify the village police department on a monthly basis of all deposits that are forfeited and forward the form of all deposits forfeited.

A liquor license holder may retain the forfeited deposit.

It is unlawful to possess a keg within the village which does not have a proper tax affixed or, if the keg was purchased outside the village, without proof of purchase for the keg, including the name and address of the seller. (Ord. 05-01-11 § 2; Ord. 04-12-69 § 32)

5.76.330 Appeals from liquor commission orders

Any order or action of the liquor commission may be appealed as authorized by law, and in any case where a licensee appeals to the state liquor commission from any order or action of the liquor commission. Such appeals shall be limited to a review of the official record of proceedings held before the liquor commission and as contemplated by State Statute, 235 ILCS 5/7-9. This provision has been adopted for the expressed purpose of requiring that such appeal review be on the record. (Ord. 08-03-16 § 1)

Chapter 5.80 ADULT-ORIENTED BUSINESSES

5.80.010 Definitions

For the purpose of this chapter the following terms, phrases, words and their derivations shall have the meaning given in this section. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular and words in the singular include the plural. The words "shall" and "will" are mandatory and not discretionary.

"Adult arcade" means a commercial establishment where, for any consideration, the public is permitted or invited wherein adult services can be viewed from individual booths in the regular course of business and as a business purpose of the establishment.

"Adult bookstore," "adult video store" or "adult novelty store" means a commercial establishment which devotes more than one-third of its total display area to any of the following, and:

Which offers for sale or rental, for any form of consideration, books, magazines, periodicals, photographs, films, motion pictures, video cassettes or video reproductions, slides, or other printed or visual matter that predominantly depict or describe "specified sexual activities" or "specified anatomical areas," as defined in this chapter;

Which offers for sale or rental instruments, devices or paraphernalia that are designed for use in connection with "specified sexual activities," excluding condoms and other birth control and disease prevention products; or

Which regularly excludes all minors from the premises or a section thereof because of the sexually explicit nature of the items sold, rented or displayed therein.

"Adult cabaret" means a commercial establishment where any adult service is provided to patrons in the regular course of business and as one of the principal business purposes of the establishment, and includes, but is not limited to, a nude model studio or sexual encounter center as defined in this chapter.

Offers accommodations to the public for any form of consideration; provides patron with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions that depict or describe "specified sexual activities" or "specified anatomical areas" as one of its principal business purposes;

Offers a sleeping room for a period of time that is less than ten hours; or

Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten hours.

"Adult-oriented business manager" means a person on the premises of an adult-oriented business who has overall supervisory authority over the operation of the business.

"Adult service" means a live dance, performance or other activity, including, but not limited to, modeling, posing, wrestling, singing, reading, talking or listening conducted for any consideration in an adult cabaret by a person who is semi-nude during all or part of the time that the person is providing the service.

"Adult theater" means a commercial establishment where, for any consideration, the public is permitted or invited wherein films, motion pictures, video cassette projections, slides, photographs or other visual media predominantly characterized by depiction of "specified sexual activities" or "specified anatomical areas" are shown electronically, electrically, mechanically or by other means for viewing by more than one person in the regular course of business and as a business purpose of the establishment.

"Adult video facility" means a commercial establishment where, for any consideration, the public is permitted or invited wherein films, motion pictures, video cassette projections, slides, photographs or other visual media predominantly characterized by depiction of "specified sexual activities" or "specified anatomical areas" are shown electronically, electrically, mechanically or by other means for individual viewing in the regular course of business and as a business purpose of the establishment.

"Employee" means any person who works or performs in and/or for a adult-oriented business, regardless of whether or not such person is paid a salary, wage or other compensation by the operator of such business. A person may be considered an employee under this definition even if such person is an independent contractor; provided that, such person has a substantial or consistent relationship with the business of, or entertainment services provided by the adult-oriented business. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises.

"Escort" means any person who, for pecuniary compensation, dates, socializes, visits, consorts with or accompanies or offers to date, consort, socialize, visit or accompany another or others to or about social affairs, entertainment or places of amusement, or within any place of public or private resort or any business or commercial establishment or any private quarters. Escort shall not be construed to include persons who provide business or personal services such as licensed private nurses, aides for the elderly or handicapped, social secretaries or similar service personnel whose relationship with their patron is characterized by a bona fide contractual relationship having a duration of more than twelve hours and who provide a service not principally characterized as dating or socializing. Escort shall also not be construed to include persons providing services such as singing telegrams, birthday greetings or similar activities characterized by appearances in a public place, contracted for by a party other than the person for whom the service is being performed and of a duration not longer than one hour.

"Escort service" means any individual or entity who, for pecuniary compensation, furnishes or offers to furnish escorts, or provides or offers to introduce patrons to escorts for pecuniary compensation, acts in the capacity of an agent or broker for an escort service, escort or patron by contacting or meeting with escort services, escorts or patrons at any location within the village, whether or not such third person is employed by such escort service, escort, patron or by another business, or is an independent contractor or self-employed.

"Lingerie modeling business" means any place where a person who appears in a state of semi-nudity or in lingerie is provided to be observed by other persons who pay money or any form of consideration.

"Nude model studio" means any place where a person who appears in a state of nudity or displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculpted, photographed or similarly depicted by other persons who pay money or any form of consideration.

"Nudity" or "a state of nudity" means the appearance or to simulate the appearance of a human bare buttock, anus, pubic area, anal cleft or cleavage, male genitals, female genitals or the female breast at or below the areola thereof.

"Operator" means the owner, adult-oriented business establishment license holder, custodian, manager, operator and person in charge of any permitted premises. A person may be found to be operating or causing to be operated an adult-oriented business whether or not that person is an owner, part owner or licensee of the business.

"Patron" means any person invited or permitted to enter and remain upon the premises of an adult-oriented business, whether or not for a consideration.

"Semi-nude" or "semi-nudity" means a state of dress in which clothing covers no more than the genitals, pubic region and the areola or nipple of the female breast, as well as portions of the body covered by supporting straps or devices.

"Specified anatomical areas" means:

Less than completely and opaquely covered:

Human genitals or pubic region; or

Buttock; or

Areola or nipple of the female breast.

Human male genitals in a discernible turgid state, even if completely and opaquely covered.

"Specified sexual activities" means:

Human genitals in a state of sexual stimulation, arousal or tumescence; or

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breast(s); or

Sex acts, actual or simulated, including, but not limited to, intercourse, oral copulation, or sodomy and also including as examples, but not limited to, any of the following: acts of human anilingus, bestiality, buggery, cunnilingus, coprophagy, coprophilia, fellatio, flagellation, masochism, necrophilia, pederasty, pedophilia, sadism, sado-masochism, sapphism, urolagnia or zooerasty; or

Masturbation, actual or simulated; or

Excretory functions as part of or in connection with any of the activities set forth in subsections (a) through (d) of this definition.

"Straddle dance" (also known as a "lap dance") means the use by an employee of an adult-oriented business of any part of his/her body to touch the genital or pubic area of a person, or to touch the breast(s) of a female person, while at the business; or the touching of the genital or pubic area of an employee by a person while at the business; or the touching of the breast(s) of a female employee by a person while at the business. It shall be a "straddle dance" regardless of whether the "touch" or "touching" occurs while the employee is clothed or semi-nude. It shall also be a "straddle dance" regardless of whether the "touch" or "touching" is direct or through a medium.

"Transfer of ownership or control" means any of the following:

The sale, lease or sublease of a business;

The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or

The establishment of a trust, gift or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control. (Ord. 99-11-64 § 1)

5.80.020 Classification

Adult-oriented businesses are classified as follows:

Adult arcade;

Adult bookstore, adult video store or adult novelty store;

Adult cabaret;

Adult theater;

Lingerie modeling business;

Nude model studio;

Adult encounter center;

Escort service;

Adult motel. (Ord. 99-11-64 § 2)

5.80.030 Exemptions form adult-oriented business classification

The terms "adult-oriented business" and "sexually-oriented business" shall not be construed to regulate:

An otherwise lawfully operating retail business which does not offer or feature sexually explicit merchandise, material or items for sale or rental to customers as a principal business operation and does not offer or feature any form of live sexually-oriented entertainment;

Any clothing business offering wearing apparel for sale to customers but does not exhibit merchandise on live models;

A bar, nightclub or lounge or other nonsexually oriented business that occasionally promotes a swimsuit or similar contest in which the contestants do not appear "nude" or in "a state of nudity";

Any educational courses conducted at a proprietary school licensed by the state of Illinois, or conducted by a private college or university which operates educational programs in which credits are transferable to a junior college, college or university licensed by the state of Illinois; and where in order to participate in a class a student must enroll at least three days in advance of the class and where no more than one nude model appears before the class at any one time. (Ord. 99-11-64 § 3)

5.80.040 Locations of any type of adult-oriented business

An adult-oriented business may be allowed only in an M-1 General Manufacturing Zoning District or M-MU Manufacturing Mixed-Use District.

No adult-oriented business shall be operated within one thousand feet of an existing:

Church;

School;

Public park;

Residentially-zoned property;

Designated Historical/Cultural District or cemetery;

Other adult-oriented business;

Day care center; or

A recreation facility which holds youth activities.

For the purpose of subsection (2) of this section, measurement of the one thousand foot distance shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the property line of an existing church, day care center, school, recreation facility which holds youth activities or adult-oriented business, or from the boundary line of a public park, residentially-zoned property or designated historical/cultural district or cemetery, to the nearest property line of the property sought to be used as an adult-oriented business.

Also for the purposes of subsection (2) of this section, measurement of the one thousand foot distance shall also include churches, schools, day care centers, recreation facility for youth activities, public parks, residentially-zoned properties, designated historical/cultural district or cemetery, or other adult-oriented businesses which are located in an adjoining municipality or unincorporated Lake County and which are within the one thousand foot distance of the nearest property line of the property sought to be used as an adult-oriented business within the village of Mundelein.

No person shall cause or permit the establishment or operation of more than one adult-oriented business on the same property, in the same building or structure, or any portion thereof.
(Ord. 99-11-64 § 4) (Ord. No. 12-11-49, § 1, 11-12-12)

No person shall increase the floor area or modify the internal structural configuration of an adult-oriented business beyond the area or configuration as shown in the floor plan as approved with the issuance of the adult-oriented business establishment license and certificate of occupancy as provided in Section 5.80.070. The operator shall maintain a copy of the approved floor plan posted with the adult-oriented business establishment license and certificate of occupancy in a conspicuous place within the premises.

The operator of an adult-oriented business shall permit and cooperate with the appropriate village code enforcement officers to inspect the entire premises as well as all activity being conducted therein.

Subject to reasonable accommodations for legitimate security measures, including approved internal surveillance video systems, the operator shall maintain the entire premises so as to permit walk-through inspections, without interference, by village code enforcement personnel.

The operator shall maintain the interior of the premises in such a manner that there is an unobstructed view into every area of the premises to which any customer is permitted access for any purpose, excluding restrooms. The operator shall ensure that the ability to view into any area where customers are allowed remains unobstructed by any doors, curtains, walls, merchandise, display racks or other materials. The operator shall construct a manager station(s) which shall allow an unobstructed view into every area of the premises to which any customer is permitted access for any purpose and shall be manned by an adult-oriented business manager at all times the establishment is open for business. This regulation shall not apply to adult motels.

If the premises contain two or more separate rooms, the operator shall maintain each room with at least one wall or door equipped with clear windows or openings of at least three feet in width and two feet in height located no less than three feet above the floor but no less than two feet below the ceiling for viewing into the entire area and all activity therein. This regulation shall not apply to adult motels.

The operator shall maintain every portion of the premises where customers are permitted access equipped throughout and illuminated at all times with overhead lighting fixtures of sufficient illumination of not less than six footcandles, as measured at floor level, to provide reasonably safe lighting conditions for patrons, employees or village code enforcement personnel walking throughout the premises.
During hours of darkness when an adult-oriented business is in operation, the operator shall maintain all parking and pedestrian areas of the premises equipped and illuminated by overhead lighting fixtures of sufficient illumination, of not less than one footcandle, as measured at the property line to provide reasonably safe lighting conditions for persons or vehicles traveling into, or and out of the property. The lighting fixtures shall be directed onto the property as much as is possible so as to avoid being directed onto neighboring properties.

During hours of darkness when an adult-oriented business is in operation, the operator shall maintain all parking and pedestrian areas of the premises equipped and illuminated by overhead lighting fixtures of sufficient illumination, of not less than one footcandle, as measured at the property line to provide reasonably safe lighting conditions for persons or vehicles traveling into, or and out of the property. The lighting fixtures shall be directed onto the property as much as is possible so as to avoid being directed onto neighboring properties.

The operator shall not utilize or allow restrooms or employee dressing rooms for adult-oriented business purposes, video equipment or for the offering of any sexually-oriented merchandise to customers.

All adult-oriented businesses must comply with the village of Mundelein sign ordinance. The operator shall maintain at least one conspicuous sign at each public entrance, in accordance with the village's sign codes, of a size of at least eighteen inches in height and twenty-four inches in width, and in letters of at least two inches in height, easily visible and legible to all persons prior to entry into the establishment, which contains a statement to the effect.
"THIS IS AN ADULT-ORIENTED BUSINESS ESTABLISHMENT WHICH REGULARLY FEA-TURES [description of the type of activity or merchandise as permitted herein]. IF NUDITY OR SEMI-NUDITY OR ACTIVITY OF A SEXUAL NATURE OFFENDS YOU, DO NOT COME IN. NO PERSON UNDER 21 YEARS OF AGE ALLOWED ENTRY"
No portion of the exterior of an adult-oriented business establishment shall utilize or contain any flashing lights search lights or spotlights, or any other similar lighting systems or any words, lettering, photographs, silhouettes, drawings or pictorial representations of any manner, except as is permitted in the village of Mundelein sign ordinance.

The owner of mechanical amusement devices used on a regular basis to depict or display specified anatomical areas or specified sexual activities, shall furnish a complete list to the police department of all devices owned or operated subject to licensing, with an indication thereon of the location of each machine, and a list of all films used and the date of any film replacement during the licensing period. Permitting of all mechanical amusement devices must also conform to the Municipal Code regarding business licenses.

The business premises of the adult-oriented business establishment which are generally open to its patrons or members of the general public shall be closed to its patrons and members of the general public from twelve a.m. to two p.m. daily and all day on Sunday and on all state of Illinois and federal holidays.

An adult service business shall maintain a daily log of all employees. The log shall cover the preceding thirty-six months period and shall be provided to the chief of police on the first Monday of every month and otherwise be made available for inspection upon request by any law enforcement officer or other authorized village official. For each employee, the log shall contain the following information:

Legal name;

Any and all aliases;

Current residential address and telephone number;

Date of birth;

Gender;

Social Security number;

Driver's license number or state identification card number;

Date of commencement of employment;

Date of employment termination, if applicable;

Specific job or employment duties.

No person under the age of twenty-one years may be admitted to or be employed by an adult-oriented business.

A person may not provide an adult service in an adult cabaret except upon a stage elevated at least eighteen inches above floor level. All parts of the stage, or a clearly designated area thereof within which the adult service is provided, shall be a distance of at least three feet from all parts of a clearly designated area in which patrons may be present. The stage or designated area thereof shall be separated from the area in which patrons may be located by a solid barrier or railing the top of which is at least three feet in height. A provider or patron may not extend any part of his or her body over or beyond the barrier or railing.

No person providing an adult service may accept tips or gratuities for any performance until after completion of the performance. No person providing an adult service may receive a tip or gratuity directly from a patron, but rather any tips or gratuities shall be placed in a receptacle provided by the adult-oriented business.

An adult service provider, in the course of providing an adult service, may not perform or simulate any specified sexual activities.

An adult service may not be provided in any location which is not visible by direct line of sight at all times from a manager's station located in a portion of the premises which is accessible to patrons of the adult service business.

An adult service shall not be provided in any location or area of a premises so as to be visible or viewable from outside the establishment.

An adult-oriented business manager shall be on the premises of an adult-oriented business establishment at all times the establishment is open for business. An adult-oriented business manager shall wear his or her photo identification card at all times while on duty in the manner described in Section 5.80.070(5).

An employee may not touch the breast, buttocks, or genitals of a patron, nor may a patron touch the breast(s), buttocks, or genitals of an employee.

A sign of at least eighteen inches in height and twenty-four inches in width, in letters of at least two inches in height, in a form prescribed by the village clerk summarizing the provisions of subsections (1), (14), (16) and

of this section shall be posted near the entrance of an adult service business in such a manner as to be clearly visible to patrons upon entry.

No alcoholic liquor shall be served, provided, consumed or possessed in any adult-oriented business or on the premises, including parking lots.

No adult-oriented business establishment licensee or operator may change the name of an adult-oriented business unless and until the adult-oriented business establishment licensee or operator has satisfied each of the following requirements:

Gives the village clerk thirty days notice in writing of the proposed name change; and

Pays the village a one hundred dollar change of name fee; and

Complies with 805 ILCS 405/0.01 et seq., the Assumed Business Name Act; and

Complies with village sign ordinance, including the payment of all required fees.

It is unlawful for an adult-oriented business establishment licensee, operator or employee to operate or provide services for any adult-oriented business where the adult-oriented business establishment licensee, operator or employee knows or should know any of the following:

That the business does not have an adult-oriented business establishment license under this chapter; or

That the adult-oriented business has an establishment license which is suspended; or

That the adult-oriented business has an establishment license which has expired or been canceled; or

That the adult-oriented business has an establishment license which is revoked.

No person shall operate or cause to be operated an adult-oriented business, regardless of whether or not a license has been issued under this chapter, and knowingly or with reason to know permits, suffers or allow any employee:

To engage in a straddle dance with a person at the business;

To contract or otherwise agree with a person to engage in a straddle dance with a person at the business;

To engage in any specified sexual activity at the business.

No employee of an adult-oriented business shall:

Engage in a straddle dance with a person at the business;

Contract or otherwise agree to engage in a straddle dance with a person or engage in any specified sexual activity at the business;

Display or expose any specified anatomical area while on the premises of the adult-oriented business.

It is unlawful for any person at any adult-oriented business, regardless of whether or not such business is licensed under this chapter, to intentionally touch an employee in any specified anatomical area at the adult-oriented business.

It is unlawful for any person at any adult-oriented business, regardless of whether or not such business is licensed under this chapter, to engage in a straddle dance with an employee at the business. (Ord. 99-11-64 § 5)

5.80.060 Adult video facility - Operating requirements

Adult Video or Adult Arcade.

The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than six footcandles, as measured at a level thirty inches above the floor.

The premises shall be configured in such a way that a patron, whether sitting or standing, is visible below the waist by direct line of sight from a manager's station at all times during which the patron is viewing video material or other visual media material characterized by depiction of specified anatomical areas or specified sexual activities, or live performance. No more than one patron may occupy a partitioned portion, booth, stall or viewing room at the same time. The manager's station shall be located in a portion of the premises accessible to patrons and shall not exceed thirty-two square feet or floor area. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection (1)(b) must be an unobstructed view from the manager's station. It is the duty of the licensee or manager to ensure that at least one employee is on duty and situated in each manager's station at all times that any patron is on the premises.

Adult Theater.

Each adult theater shall provide seating only in individual chairs with arms or in seats separated from each other by immovable arms, and not on couches, benches or any other multiple person seating structures. The number of seats shall equal the maximum number of persons who may occupy the adult theater.

Each adult theater shall have a continuous main aisle alongside the seating area in order that each person seated in the adult theater shall be visible from the aisle at all times, which is in compliance with the applicable building codes.

Each adult theater shall have a sign posted in a conspicuous place at or near each entrance way to the auditorium or similar area that lists the maximum number of persons who may occupy the auditorium area, which number shall not exceed the number of seats in the auditorium area. (Ord. 99-11-64 § 6)

5.80.070 Establishment license required

No adult-oriented business shall be permitted to operate without a valid establishment license issued by the village clerk for the particular type of business. It shall be unlawful if any person operates or causes to be operated an adult-oriented business without said license.

The village clerk is responsible for granting, denying, revoking, renewing, suspending and canceling adult-oriented business establishment licenses for proposed adult-oriented businesses. The village clerk shall receive reports from appropriate village officials as to whether a proposed adult-oriented business for which a license is being applied for complies with all applicable zoning laws and ordinances of the village of Mundelein. The chief of police of the village of Mundelein shall be responsible for providing information to the village clerk on whether an applicant has been convicted of any criminal offense during the time period set forth in Section 5.80.100(1)(f) by the performance of FCIC/NCIC records request check. The building commissioner is responsible for inspecting the proposed plans for an adult-oriented business in order to ascertain whether the proposed adult-oriented business would be in compliance with applicable statutes and ordinances, including location restrictions under the zoning ordinance. The fire chief shall review the facility for compliance with fire safety ordinances.

An application for an adult-oriented business establishment license must be made on a form provided by the village clerk. Any person desiring to operate an adult-oriented business shall file with the village clerk an original of a sworn license application on the standard application form.

The completed adult-oriented business establishment license application shall contain the following information about the applicant. An applicant may be an individual in the case of a sole proprietorship; all partners, including general or limited partners of a partnership in the case of a partnership applicant; and any officer or director of a corporate applicant and any stockholders holding more than ten percent of the stock of a corporation in the case of a corporate applicant; and shall be accompanied by the following documents and information:

The applicant's legal name, including any aliases or former legal names, and residential addresses for the last five years; and

The applicant's driver's license number and social security number, or federal tax identification number in the case of partnerships and corporations; and

A certified copy of their birth certificate showing the applicant to be at least twenty-one years of age; and

The business, occupation or employment of the applicant for the five years immediately preceding the date of application; and

All criminal or ordinance violation convictions and court supervisions, forfeiture of bond, and pleading of nolo contendere on all charges, except minor traffic violations;

If the applicant is a partnership, the partnership shall provide its complete name and a copy of the partnership agreement, if any;

If the applicant is a corporation, the corporation shall provide:

Its complete name, and

The date of its incorporation, and

Evidence that the corporation is in good standing under the laws of the state of Illinois or any other state where incorporated, and

The percent ownership of all shareholders, and

The name of the registered corporate agent and the address of the registered office for service of process;

All applicants for an adult-oriented business establishment license shall submit to fingerprinting and photographing at the Mundelein police department. Fingerprints and photographs shall become part of this application. Fees to cover the actual costs of fingerprinting shall be paid at the police department. The fees shall be established from time to time by the Illinois State Police;

If the applicant intends to operate the adult-oriented business under a name other than that of the applicant, the adult-oriented business's fictitious name and the county of registration under 805 ILCS 405/0.01 et seq., the Assumed Business Name Act;

Whether the applicant, or in the case of partnerships or corporations, any of the other individuals listed as partners, officers, directors or stockholders, has had a previous license under this chapter denied, suspended or revoked, including the name and location of the adult-oriented business for which the license was denied, suspended or revoked, as well as the date of the denial, suspension or revocation and whether the applicant or any other individuals listed on the application has been a partner in a partnership or an officer, director or stockholder of a corporation that was licensed under this chapter whose license has previously been denied, suspended or revoked, including the name and location of the adult-oriented business for which the license was denied, suspended or revoked as well as the date of denial, suspension or revocation;

Whether the applicant or, in the case of partnerships or corporations, any of the other individuals listed as partners, officers, directors or stockholders, hold any other licenses under this chapter and, if so, the names and locations of such other licensed businesses;

The classification of license for which the applicant is filing. The applicant shall state the general nature of the type of adult-oriented business for which the applicant is seeking a license, including the degree to which the anticipated activities at the business meet the definitions of the enumerated adult-oriented businesses in Section 5.80.020. Such a statement shall serve as the initial basis for the permitted activities allowed under any license that is issued;

The location of the proposed adult-oriented business, including a legal description and staked survey of the property, street address and telephone number(s), if any;

A sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but it must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. The sketch or diagram shall designate any portion of the premises in which patrons will not be permitted;

If a person who wishes to operate an adult-oriented business is an individual, he/she must sign the application for a license as applicant. If an applicant is a partnership each partner, including general and limited partners, must sign the application for a license as an applicant. If the applicant is a corporation each individual having a ten percent or greater interest in the corporation must sign the application for a license as an applicant;

The following information regarding the employees for the proposed adult-oriented business:

Legal name,

Any and all aliases,

Current residential address and telephone number, and all residential addresses for the previous three years,

Date of birth,

Gender, height, weight, hair and eye color,

Social security number,

Driver's license number or state identification card number,

Date of commencement of employment,

Specific job or employment duties,

Whether the employee has been convicted of or placed on court supervision for a criminal offense for which:

Less than two years have elapsed since the date of disposition; whichever is the later date, if the offense was a misdemeanor; or

Less than five years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction whichever is the later date, if the conviction is of a felony offense; or

Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or a combination of misdemeanor offenses occurring within any twenty-four month period,

The name of each governmental body, including the county, from which, within the three years immediately preceding the date of registration, the employee has received an adult-oriented business, or similar type of licenses, or any other official authorization to operate, or be employed as, an adult-oriented business or similar type of adult entertainment business. For each license or authorization, provide the name and address of the business,

Whether the employee has ever had such a license or authorization suspended or revoked and, if so, the reasons for the suspension or revocation,

If employees are presently unknown, the applicant shall state so in the application and supply the information in Section 5.80.070(4)(p) to the village clerk prior to the issuance of an establishment license.

The applicant shall also designate as "business managers" those employees who will have responsibility for the day to day operation of the business. All persons designated as "business managers" shall obtain a photo identification card from the village clerk which shall be worn at all times the business manager is on duty at the adult-oriented business establishment.

Applicants for a license under this section shall have a continuing duty to promptly supplement application information required by this section in the event that such information changes in any way from what is stated on the application. The failure to comply with such continuing duty within seven days from the date of such change, by supplementing the application on file with the village clerk, shall be grounds for suspension of a license.

In the event that the village clerk determines or learns at any time that the applicant has not properly completed the application for a proposed adult-oriented business license, the village clerk shall promptly notify the applicant of such fact and allow the applicant ten days to properly complete the application. The time period for granting or denying a license shall be stayed during the period in which the applicant is allowed the application.

The applicant must be qualified according to the provisions of this chapter and the premises of the proposed adult-oriented business must be inspected and found to be in compliance with the village of Mundelein's health, fire and building codes and other ordinances.

The applicant shall pay a nonrefundable application fee of one thousand dollars at the time of filing an application under this section.

The fact that a person possesses other types of state, county or municipal permits and/or licenses for adult-oriented business establishments does not exempt the person from the requirement of obtaining a village of Mundelein adult-oriented business establishment license to operate an adult-oriented business establishments.

It is unlawful for any person to alter or otherwise changes the contents of an adult-oriented business license. (Ord. 99-11-64 § 7)

5.80.080 Investigation of application

Upon receipt of an application properly filed with the village clerk, and upon payment of the non-refundable application fee, the village clerk shall immediately stamp the application as received and shall thereafter send photocopies of the application to village officials responsible for enforcement of health, fire and building codes and other ordinances. Each responsible village official shall promptly conduct an investigation of the applicant, application and the proposed adult-oriented business as set forth in the application to determine whether the proposed adult-oriented business is in compliance with applicable ordinances. Such investigation shall be completed within thirty days of receipt of the application by the village clerk. At the conclusion of its investigation, each responsible village official shall indicate to the village clerk his or her recommendation for approval or disapproval of the application, and in the event it disapproves, state the reason therefor.

Any responsible village official shall recommend disapproval of an application if the official finds that the proposed adult-oriented business will be in violation of any provision of any federal law, state statute or ordinance of the village of Mundelein. (Ord. 99-11-64 § 8)

5.80.090 Issuance of license

Within ten days of receiving the recommendations of the aforementioned village officials, the village clerk shall notify the applicant that the application is granted, denied or held for further investigation. The period of such additional investigation shall not exceed an additional thirty days unless otherwise agreed to by the applicant. Upon the conclusion of such additional investigation, the village clerk shall advise the applicant in writing whether the application is granted or denied.

The village clerk shall not grant the establishment license if one or more of the criteria set forth in Section 5.80.100 are present. The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the date of issuance, the expiration date, and the name and address of the business. The license for an adult-oriented business establishment shall be posted in a conspicuous place at or near the entrance of the business. (Ord. 99-11-64 § 9)

5.80.100 Denial of license

The village clerk shall deny the application for an adult-oriented business establishment license for any of the following reasons:

An applicant is under twenty-one years of age;

An applicant has failed to provide information reasonably necessary for the issuance of the license or has falsely answered a question or request for information on the application form;

The premises to be used for the adult-oriented business has not been approved as being in compliance with health, fire and building codes by the responsible village official;

The location of the proposed adult-oriented business does not comply with the village of Mundelein zoning code;

The application or permit fees required by this chapter have not been paid;

Any applicant, or person required to be listed in the application of the proposed adult-oriented business, is in violation of any of the provisions of this chapter or has been convicted of or placed on court supervision for a criminal offense for which:

Less than two years have elapsed since the date of disposition; whichever is the later date, if the offense was a misdemeanor, or

Less than five years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction whichever is the later date, if the conviction is of a felony offense, or

Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or a combination of misdemeanor offenses occurring within any twenty-four month period,

The fact that a conviction is being appealed shall have no effect on disqualification of the applicant,

An applicant who has been convicted of a criminal offense may qualify for an adult-oriented business permit only when the time period required above has elapsed;

The granting of the application would violate a statute, ordinance or court order;

The applicant has previously been issued a license under this chapter which has been suspended or revoked;

An applicant has been convicted of or placed on court supervision for a criminal offense for which:

Less than two years have elapsed since the date of disposition; whichever is the later date, if the offense was a misdemeanor, or

Less than five years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction whichever is the later date, if the conviction is of a felony offense, or

Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or a combination of misdemeanor offenses occurring within any twenty-four month period,

The fact that a conviction is being appealed shall have no effect on disqualification of the applicant,

An applicant who has been convicted of a criminal offense may qualify for an adult-oriented business permit only when the time period required above has elapsed.

If the village clerk denies the application, the village clerk shall notify the applicant, in writing, of the denial and state the reason(s) for the denial and the licensee's right to appeal the decision to the village administrator.(Ord. 99-11-64 § 10)

5.80.110 Annual license fee

If an adult-oriented business establishment license is issued, an annual license application shall be made and a nonrefundable fee of one thousand dollars for an adult- oriented business establishment license shall be paid to the village for the renewal of such license, regardless of whether the license is issued to an individual, partnership or corporation. The fee shall be in addition to other business licenses that may be required. (Ord. 99-11-64 § 11)

5.80.120 Inspection

An applicant or licensee shall permit the responsible village officials to inspect the premises of a proposed or existing adult-oriented business for the purpose of insuring compliance with federal laws, state statutes or the ordinances of the village of Mundelein.

No person who operates an adult-oriented business, or that person's agent or employee, shall refuse to permit such lawful inspection of the premises at any time that it is occupied or open for business. A refusal to allow an inspection shall be grounds for denial, suspension or revocation of an adult-oriented business license. (Ord. 99-11-64 § 12)

5.80.130 Expiration of license

Each license issued pursuant to this chapter shall be issued for the balance of the fiscal year and shall expire on April 30th of the same fiscal year, unless sooner suspended or revoked. No proration of application fees will be made.

When the village clerk denies renewal of the license, the applicant shall not be issued an establishment license under this chapter for one year from the date of denial. If, subsequent to denial, the village clerk determines from evidence submitted by the applicant and reviewed by the responsible village officials that the basis for denial of the renewal of the license has been corrected, the applicant shall be granted a license if at least ninety days have elapsed since the date denial became final. (Ord. 99-11-64 § 13)

5.80.140 Suspension of license

The village clerk shall suspend a license for a period not to exceed thirty days if the village clerk determines that a licensee, or any employee of a licensee, has:

iolated or is not in compliance with any section of this chapter; or

Served, provided, consumed or possessed alcoholic beverages while on the adult-oriented business premises; or

Refused to allow an inspection of the adult-oriented business establishment premises as authorized by this chapter; or

Knowingly permitted criminal activity by any person on the adult-oriented business establishment premises; or

Operated the adult-oriented business in violation of any federal law, state statute, building, fire, health or zoning code, or any other ordinances of the village of Mundelein. In the event of such violation, the village clerk shall promptly notify the licensee, in writing, of the violation and shall allow the licensee a seven day period in which to correct the violation. If the licensee falls to correct the violation before the expiration of the seven day period, the village clerk shall suspend the permit and shall notify the licensee, in writing, of the suspension. The suspension shall remain in effect until the violation of the statute, code, ordinance or regulation in question has been corrected; or

Engaged in, or attempted to engage in, a license transfer contrary to Section 5.80.170. In the event that the village clerk suspends a license on the ground that a licensee engaged in a license transfer contrary to Section 5.80.170, the village clerk shall notify the licensee of the suspension. The suspension shall remain in effect until the village clerk is satisfied that the requirements of Section 5.80.170 have been met; or

Is convicted of a criminal offense.

The village clerk shall notify the licensee, in writing, of the suspension and the reasons for the suspension and the licensee's right to appeal the decision to the village administrator. (Ord. 99-11-64 § 14)

5.80.150 Revocation of license

The village clerk shall revoke a license if a cause of suspension in Section 5.80.140 occurs and the license has been suspended within the preceding twelve months.

The village clerk shall revoke a license upon determining that:

A licensee gave false or misleading information in the material submitted during the application process; or

A licensee has knowingly allowed possession, use or sale of controlled substances on the premises; or

A licensee has knowingly allowed prostitution on the premises; or

A licensee or an employee knowingly operated the adult-oriented business during a period of time when the license was suspended; or

A licensee has been convicted of a criminal offense for which the time period required in Section 5.80.100 has not elapsed; or

On two or more occasions within a twelve month period, a person or persons committed a criminal offense, occurring in or on the permitted premises, and the person or persons were employees of the adult-oriented business at the time the offenses were committed; or

A licensee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or any other specified sexual activities to occur in or on the licensed premises.

When the village clerk revokes a license, the revocation shall continue for one year and the licensee shall not be issued an adult-oriented business license for one year from the date revocation became effective. If, subsequent to revocation, the village clerk determines from evidence submitted by the applicant and reviewed by the responsible village officials that the basis for revocation of the license has been corrected, the applicant shall be granted a license if at least ninety days have elapsed since the date revocation became final. If the license was revoked because of a criminal conviction under Section 5.80.100, an applicant may not be granted another license until the number of years required under Section 5.80.100 have elapsed.

The village clerk shall advise the licensee, in writing, of the revocation and the reasons for the revocation and the licensee's right to appeal the decision to the village administrator. (Ord. 99-11-64 § 15)

5.80.160 Appeal of license denial, suspension or revocation

The denial by the village clerk with regard to issuance or renewal of a license, or the suspension or revocation of a license shall be reviewed by the village administrator upon the written request of the applicant, filed with the village administrator within ten days of such denial. The village administrator shall conduct a hearing to review materials provided to the village, the report of the village clerk or any other village employees or witnesses. The applicant may present any evidence relevant to the denial, suspension or revocation.

The decision of the village administrator is subject to review under Administrative Review Law, 735 ILCS 5/3-101, et seq. (Ord. 99-11-64 § 16)

5.80.170 Nontrasnferability of license

Licenses issued under this chapter are not transferable. A licensee shall not conduct a different classification of an adult-oriented business than that designated in the license or conduct an adult-oriented business under the authority of a license at any place other than the address designated in the application. No adult-oriented business shall be conducted under any name or under any designation or classification not specified in the license for that business. (Ord. 99-11-64 § 17) (Ord. 99-11-64 § 18)

5.80.180 Notice

Any notice required or furnished under this chapter may be accomplished by personal service or sending a written notification by certified mail, return receipt requested, to the mailing address on the permit application. Such mailing address shall be considered the correct mailing address unless the village clerk is otherwise notified of a change of address in writing by certified mail. (Ord. 99-11-64 § 18)

5.80.190 Penalties

Any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor and shall be punished by a fine not to exceed two thousand dollars or by imprisonment not to exceed six months, or both, in the discretion of the court. Each violation or noncompliance shall be considered a separate and distinct offense. Further, each day of continued violation or noncompliance shall be considered as a separate offense.

Nothing herein contained shall prevent or restrict the village from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or noncompliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law, for damages.

All remedies and penalties provided for in this section shall be cumulative and independently available to the village and the village shall be authorized to pursue any and all remedies set forth in this section to the full extent allowed by law. (Ord. 99-11-64 § 19)

5.80.200 Severability

In the event that any provision of the ordinance codified in this chapter, or any part thereof, or any application thereof to any person or circumstance, is for any reasons held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction on its face or as applied, such decision shall not affect the validity or effectiveness of the remaining provisions of this chapter or any part thereof, or any application thereof to any person or circumstance or of such provision as applied to any other person or circumstance. It is declared to be the legislative intent of the board of trustees of the village of Mundelein that this chapter would have been adopted had such unconstitutional, invalid or ineffective provisions not been included herein. (Ord. 99-11-64 § 20)

Chapter 5.88 SOLICITOR, PEDDLER AND CANVASSER REGISTRATION

5.88.010 Certificate of registration and permit required

It is unlawful for any person to solicit, peddle, or canvass, as defined herein, within the village of Mundelein without a certificate of registration and permit issued in compliance with this chapter unless waived herein. (Ord. 93-5-14 § 1)

5.88.020 Definitions

For purposes of this chapter, the following words shall be defined as follows:

"Canvasser" means any person interviewing, examining or obtaining information, or attempting to do so, from house to house, building to building, or upon any street, highway or sidewalk within the village of Mundelein.

"Itinerant vendor" means a person engaged in business for profit, who conducts a temporary or transient business in the village of selling commodities, articles or services with the intention of continuing such business in the village for not more than one hundred twenty days and who, in such business, uses, leases or occupies all or part of any parking lot, driveway, or other portion of any private or public property or vacant lot in the village for the display of such commodities or articles, or in connection with the offering of such services.

"Peddler" means any person selling or attempting to sell any goods, wares, merchandise or services of any kind and nature, being carried on or transported for immediate delivery or performance from house to house, building to building, or upon any street, highway or sidewalk within the village of Mundelein.

"Registered solicitor" means and includes any person who has applied hereunder and obtained a valid certificate of registration, as hereinafter provided, which certificate is in the possession of the solicitor, peddler, or canvasser while engaged in peddling, soliciting or canvassing.

"Residence" means and includes every separate living unit occupied for residential purposes, by one or more persons, contained within any type of building or structure located in the village of Mundelein.

"Solicitor" means any person (1) soliciting or attempting to solicit or take orders, from house to house, building to building, or upon any street, highway or sidewalk within the village of Mundelein, for any goods, wares or merchandise, foodstuffs, services, or insurance of any type or description, or other sale of property or services; or (2) seeking to obtain gifts or contributions of money, clothing, or any other valuable thing for the support or benefit of any charitable or nonprofit association, organization, corporation or project. (Ord. 93-5-14 § 2) (Ord. No. 13-03-10, § 1, 3-11-13)

5.88.030 Application for permit/certificate of registration for solicitor, peddler or canvasser for persons/organizations which are not charitable, community or religious

Except as provided herein, no solicitors, peddlers, or canvassers, as defined herein, shall go on or upon any private residence without first obtaining a permit for the organization and a certificate of registration for each representative of the organization, and at least thirty days prior to engaging therein, shall submit to the village clerk a written application, under oath, for such permit and certificate of registration on a form furnished by the village clerk which shall contain the following information requested on the application:

The applicant's residence address during the past three years if other than present address;

The names, addresses, and telephone numbers of at least two references located in Illinois who can give accurate information as to the applicant's reputation for moral character, honesty and integrity;

A brief description of the nature of the business in which applicant is engaged, and the kind of products/or services to be sold or orders solicited;

Name, address, and telephone number of the person, firm, corporation or organization which the applicant is employed by or represents, and the length of time of such employment or representation; if less than three years, then the names, addresses and telephone numbers of each employer for the past three years;

If a motor vehicle is used, a description of same, together with the current license number of such motor vehicle issued by the Secretary of State or such other identification as will serve to identify the vehicle and its owner;

Two photographs, size one inch by one inch, taken within the past sixty days, showing the head and shoulders of the applicant in a clear and distinguishing manner, together with a physical description of the applicant;

The period of time for which the certificate of registration is requested, which in no event shall be longer than one year, the hours of the day that such function will be performed, and the approximate area within the village of Mundelein where the solicitation, peddling or canvassing will take place;

The date, or approximate date, of the latest previous application for permit and certificate of registration, if any, submitted to the village clerk;

A statement whether a permit and certificate of registration under this chapter, or any similar ordinance of the village of Mundelein, or any county or municipality, has been revoked, together with the details thereof;

Any additional information that the village clerk or police department may deem necessary to process the application, including but not limited to, detailed information of the ownership and management of the person, firm, corporation, or organization employing applicant or which applicant represents.

Each applicant/organization shall pay to the village clerk a fee of twenty-five dollars for the handling and processing of the application. This fee shall include the processing of the permit for the applicant/organization and certificates of registration for five representatives. For each additional representative, a fee of two dollars shall be collected by the village clerk. (Ord. 93-5-14 § 3)

5.88.040 Issuance of permit and certificate of registration and revocation thereof for persons and organizations which are not charitable, community or religious in nature

The village clerk shall submit the information obtained in Section 5.88.030(A) to the Mundelein police department for review and determination of which applicants meet the conditions of this chapter for a permit or certificate of registration. The police department shall endeavor to respond to the village clerk within not more than thirty days. If the village clerk does not receive a response from the police department within forty days, the permit or certificate of registration shall be considered approved and the village clerk shall issue the required documentation to the applicants.

After consideration of the application for certificate of registration and all information obtained relative thereto, the chief of police shall issue a certificate of registration for each approved applicant, and shall forward them to the village clerk. The village clerk shall issue a permit to the organization and the certificates of registration for each representative to allow solicitation, peddling, or canvassing in the village. If the village clerk and the chief of police determine that the organization, or any of the applying representatives, have the qualifications and meet the requirements of this chapter and other applicable laws and ordinances, the permit and certificates of registration shall be issued. If not, the application for the organization or certificates of registration for any representative shall be denied. No such corporation or organization as aforesaid may solicit in the village of Mundelein without such a permit. No representative of such corporation or organization may solicit in the village without a certificate of registration.

The application for certificate of registration shall be denied if the applicant does not possess a good reputation for moral character, honesty or integrity; or, if he has been convicted of a felony, or a misdemeanor which involves lack of moral character, honesty or integrity; or, if he has at any time violated the provisions of this chapter or any similar ordinance of the village of Mundelein, or any county or municipality; or, if a certificate of registration or other permit to solicit, peddle or canvass has been revoked by the village or any other county or municipality. The permit application shall also be denied if the purpose of the solicitation, peddling, or canvassing is otherwise illegal.

If the permit application is approved, the village clerk shall forthwith issue a permit to the applicant/organization, setting forth the detailed permission to carry out the solicitation in the village of Mundelein. Each representative shall be issued a certificate of registration bearing his name, address and dates covered by such registration. The registration card shall contain a permanently affixed photograph of the representative.

The permit and certificate of registration shall state the expiration date thereof which shall be not more than one year from date of issuance.

At all times while soliciting, peddling, or canvassing in the village of Mundelein, the applicant shall prominently display the permit and the certificate of registration and shall exhibit same whenever he is requested to do so by any police officer or by any person who requests proof of village permission to solicit, peddle, or canvass.

Any permit or certificate of registration granted hereunder shall be revoked by the village clerk if the holder of the permit or certificate of registration, or any person soliciting for same, is convicted of a violation of this chapter, any other law or ordinance, or ceases to possess the qualification and moral character, honesty, and integrity required for registration hereunder, or has made a false material statement in the permit application or otherwise becomes disqualified for the issuance of a certificate of registration under this chapter.

Immediately upon such revocation, written notice thereof shall be given by the village clerk to the holder of the permit and certificate of registration, in person or by certified or registered mail, return receipt requested, addressed to the holder's residence address set forth in the application. Immediately upon the delivering or mailing of such notice, the permit and certificate of registration shall become null and void.

The village clerk of the village of Mundelein shall cause to be kept an accurate record of every application received and acted upon, together with all other information and data pertaining thereto, all permits and certificates of registration issued hereunder, and a record of the denial of applications and revocations of permits and certificates of registration. In the event the village clerk denies the application, or revokes the permit or certificate of registration, the applicant or holder of the permit or certificate of registration may appeal the decision to the license committee or such other committee of the village board responsible for licensing. Such appeal shall be taken by making a written request delivered to the village clerk within five days after the notice of denial or revocation is mailed to, or otherwise served on the applicant or holder of the permit or certificate of registration. The determination of such committee shall be final and conclusive. (Ord. 93-5-14 § 4)

5.88.050 Persons and organizations which are not charitable, community or religious in nature not required to obtain a permit or certificate of registration

The standards of conduct set forth in Section 5.88.090 and other applicable provisions of law and ordinances relating to soliciting, peddling or canvassing shall apply to all persons engaged in such activities as defined herein. However, the requirement that a permit and a certificate of registration be obtained shall not apply to:

Farmers who are selling their own produce that is raised or produced on their own farms;

Regularly established routemen with regularly established routes within the village of Mundelein, or other persons having an established list of customers within the village of Mundelein to whom they make periodic deliveries, provided that they are licensed as such by the village;

Any retail merchant, located in the village of Mundelein, so licensed as such by the village, who solicits orders for his goods, wares or merchandise or for his services on a continuing and ongoing basis;

Officers or employees of the village, county, state or federal government, or any subdivision thereof, when on official business;

Persons soliciting or calling for purposes of promoting a political candidate, party, or public policy issue with respect to a referendum on the ballot at an upcoming election. (Ord. 93-5-14 § 5)

5.88.060 Application for permit/certificate of registration for solicitor, peddler or canvasser for persons/organizations which are charitable, community, or religious

Except as provided herein, no solicitors, peddlers or canvassers, as defined herein, shall go on or upon any private residence without first obtaining a permit for the organization and a certificate of registration for each representative of the organization. A written application for a permit and certificate of registration to solicit solely for charitable, community, or religious purposes shall be submitted to the village clerk at least thirty days prior to the date of said soliciting, peddling, or canvassing. Such application shall be under oath, on a form furnished by the village clerk, which shall contain the following information requested on the application:

The name and national and local address of the applying organization;

A statement of the purpose of applicant and the use to be made of the solicitation proceeds;

The most recent financial statement of the applicant, indicating the disbursement of the gross and net proceeds of its solicitations, and specifically the disbursement of the proceeds from the latest solicitation, if any, in the village of Mundelein;

The Illinois charitable solicitation registration number and a copy of the latest annual report, if any, filed with the Illinois Attorney General's Charitable Trust and Solicitations Division;

The period of time and area of solicitation within the village of Mundelein, which shall be not more than seven days (including one weekend) in any year;

The number of representatives that are expected to be solicitors, peddlers, canvassers in the village of Mundelein;

The applicant's residence during the past three years if other than present address,

Two photographs, size one inch by one inch, taken within the past sixty days, showing the head and shoulders of the representative in a clear and distinguishing manner,

A physical description of the representative,

Name, address and telephone number of at least two references located in Illinois who can give accurate information as to the applicant's reputation for moral character, honesty and integrity,

Name, address and telephone number of the person, firm, corporation or organization which the applicant is employed by or represents, and the length of time of such employment or representation; if less than three years, then the names, addressees and telephone numbers of each employer for the past three years,

If a motor vehicle is used, a description of same, together with the current license number of such motor vehicle issued by the Secretary of State or such other identification as will serve to identify the vehicle and its owner,

The date, or approximate date, of the latest previous application for permit and certificate of registration, if any, submitted to the village clerk,

A statement whether a permit and certificate of registration under this chapter, or any similar ordinance of the village of Mundelein, or any county or municipality, has been revoked, together with the details thereof;

Such additional information as may be requested by the village clerk or chief of police.

Each applicant/organization shall pay to the village clerk a fee of ten dollars for the handling and processing of the application. This fee shall include the processing of the permit for the applicant/organization and certificates of registration for five representatives. For each additional representative, a fee of two dollars shall be collected by the village clerk. (Ord. 93-5-14 § 6)

5.88.070 Issuance of permit and certificate of registration and revocation thereof for persons and organizations which are charitable, community or religious in nature

The village clerk shall submit all information listed in Section 5.88.060(A) the Mundelein police department for review and determination of which applicants meet the conditions of this ordinance for a permit or certificate of registration. The police department shall endeavor to respond to the village clerk within not more than thirty days from the date of application. If the village clerk does not receive a response from the police department within forty days, the permit or certificate of registration shall be considered approved and the village clerk shall issue the required documentation to the applicants.

After consideration of the application for a certificate of registration and all information obtained relative thereto, the chief of police shall issue a certificate of registration for each approved applicant and shall forward them to the village clerk. The village clerk shall issue a permit to the organization and the certificates of registration for each representative to allow solicitation, peddling, or canvassing in the village for not more than seven days (including one weekend). If the village clerk and the chief of police determine that the organization, or any of the applying representatives, have the qualifications and meet the requirements of this chapter and other applicable laws and ordinances, the permit and certificates of registration shall be issued. If not, the application for the organization or certificates of registration for any representative shall be denied. No such not-for-profit corporation or organization as aforesaid may solicit in the village of Mundelein without such a permit. No representative of such not-for-profit organization may solicit in the village without a certificate of registration.

The application for certificate of registration shall be denied if the applicant does not possess a good reputation for a proper purpose, honesty and integrity. The applicant shall not be granted permission to solicit hereunder if the not-for-profit organization or its officers or directors have been convicted of a felony, or misdemeanor which indicated a lack of proper purpose, honesty or integrity. No permit shall be granted when the applicant has failed to register with or is in default in filing reports with the Illinois Attorney General Charitable Trust and Solicitations Division or failed to comply with any other requirements of law or ordinance. The permit application shall also be denied if the purpose of the soliciting, peddling or canvassing is otherwise illegal.

If the permit application is approved, the village clerk shall forthwith issue a permit to the applicant/organization, setting forth the detailed permission to carry on the solicitation in the village of Mundelein. Each representative shall be issued a certificate of registration bearing his name, address and dates covered by such registration. The registration card shall contain a permanently affixed photograph of the representative.

Only one approved charitable, community or religious not-for-profit corporation or organization shall be permitted to undertake a general door-to-door solicitation in the village of Mundelein each week. The village clerk shall prepare at the beginning of each year, a door-to-door solicitation calendar upon which the approved applicant's solicitation dates shall be entered. The time of the filing of a properly completed application shall determine the availability of dates.

At all times while soliciting, peddling, or canvassing in the village of Mundelein, the applicant shall prominently display the permit and the certificate of registration and shall exhibit same whenever he is requested to do so by any police officer or by any person who requests proof of village permission to solicit, peddle, or canvass.

Any permit or certificate of registration granted under this section shall be revoked by the village clerk if the holder of the permit or certificate of registration, or any person soliciting for same, is convicted of a violation of any of the provisions of this chapter, or any other applicable law or ordinance, or ceases to possess the qualifications required hereunder, or has made a false material statement in the application or otherwise becomes disqualified for the issuance of a permit under the terms of this chapter.

Immediately upon such revocation, written notice thereof shall be given by the village clerk to the holder of the permit and certificate of registration in person or by certified or registered mail, return receipt requested, addressed to the holder's residence address set forth in the application. Immediately upon the delivering or mailing of such notice, the permit and certificate of registration shall become null and void.

The village clerk of the village of Mundelein shall cause to be kept an accurate record of every application received and acted upon, together with all other information and data pertaining thereto, all permits and certificates of registration issued hereunder, and a record of the denial of applications and revocations of permits and certificates of registration. In the event the village clerk denies the application, or revokes the permit or certificate of registration, the applicant or holder of the permit or certificate of registration may appeal the decision to the license committee or such other committee of the village board responsible for licensing. Such appeal shall be taken by making a written request delivered to the village clerk within five days after the notice of denial or revocation is mailed to, or otherwise served on the applicant or holder of the permit or certificate of registration. The determination of such committee shall be final and conclusive. (Ord. 93-5-14 § 7)

5.88.080 Persons and organizations of a charitable, community or religious nature not required to obtain certificates of registration

The standards of conduct set forth in Section 5.88.090 and other applicable provisions of law and ordinances relating to soliciting, peddling or canvassing shall apply to all persons engaged in such activities as defined herein. However, the requirement that a permit or certificate of registration be obtained shall not apply to persons soliciting subscriptions to books, magazines, periodicals, newspapers or any other kind or type of publication, or to persons and organizations which are charitable, community or religious in nature and which do not solicit contributions or orders for the sale of merchandise or services, provided that they may accept non solicited donations.

The standards of conduct set forth in Section 5.88.090 and the information and fee required in Section 5.88.060(A) and (B) and other applicable provisions of law and ordinances relating to soliciting, peddling or canvassing may be waived by the license committee or other committee of the village board responsible for licensing with respect to charitable, community or religious organizations which solicit contributions or orders for the sale of merchandise or services that:

Use representatives who have resided within the village for at least six months;

Use representatives under the age of seventeen; or

Represent a school or other unit of local government, the boundaries of which include a part of the village of Mundelein, or a sanctioned activity of such school or governmental unit. (Ord. 02-11-46 § 1: Ord. 93-5-14 § 8) (Ord. No. 13-03-10, § 2, 3-11-13)

5.88.090 Standards of conduct

All persons soliciting, peddling or canvassing, in the village of Mundelein, whether required to register under the provisions of this chapter or not, shall conform to the following standards of conduct:

Such persons shall conduct themselves at all times in an orderly and lawful manner, and shall not make, or cause to be made, any loud or obnoxious noise of such volume sufficient to disrupt the peace of the residents of the village of Mundelein;

Such persons shall, when requested, identify themselves by the certificate or registration issued by the village of Mundelein and other approved means of identification, if any;

Such persons shall, within a reasonable time, at the residence of a buyer or prospective buyer, clearly reveal the product or service they are selling, the company they are employed by or represent, and the exact price and conditions of proposed sale;

Such persons shall, at the time of the taking of any order for the purchase of the product or service they are selling, deliver to the purchaser a copy of a written order or receipt which shall set forth in language that is clear and free of ambiguity, unless waived under the provisions of Section 5.88.080:

All terms and conditions of the sale, with specification of the total amount the purchaser will be required to pay, including all interest, service charges and fees and other costs and expenses;

The name and address of the solicitor, peddler or canvasser and the company selling such product or service; and

A statement whether the contract or negotiable instrument signed by the purchaser in connection with the sale may be sold or assigned by the seller to a third party;

A statement shall also be included as to the time permitted to cancel any order and the method for such cancellation at no penalty;

Such persons shall strictly adhere to the terms of the invitation or lack of invitation in accordance with Section 5.88.110, and the failure of such persons to so adhere shall constitute a trespass;

No persons soliciting, peddling, or canvassing shall have the exclusive right to any location in the public streets, sidewalks or alleys, nor shall any such persons be permitted except as authorized by 65 ILCS 5/11-80-9, as amended by PA 97-692, to operate in any congested area where their operations might impede or inconvenience the public, the public safety, or contribute to the creation of traffic obstruction, hazards, or congestion. For the purpose of this chapter, the judgment of a village police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested, or the public is impeded or inconvenienced, or the public safety is impaired, placed in jeopardy, or traffic obstruction, hazards, or congestion created. (Ord. 93-5-14 § 9) (Ord. No. 12-09-42, § 1, 9-24-12)

5.88.100 Itinerant vendors

Itinerant vendors as defined herein are subject to the terms and conditions set forth in Chapter 5.08. (Ord. 93-5-14 § 10)

5.88.110 Village policy

It is declared to be the policy of the village of Mundelein that the occupant or occupants of a residence within the village of Mundelein shall make the determination of whether solicitors, peddlers, canvassers (whether or not registered or exempt from registration) shall be, or shall not be invited into their respective residences. If no determination is made in accordance with the provisions of Section 5.88.120, it is presumed that any registered solicitor, peddler, or canvasser or person acting for a not-for-profit organization, to which a permit has been issued hereunder, may solicit, peddle or canvass on such premises. (Ord. 93-14-5 § 11)

5.88.120 Residential notice

Every resident desiring to state his policy of invitation, including a refusal or limitation of invitation, to persons engaged in any soliciting, peddling or canvassing, shall exhibit upon or near the main entrance door to the residence a weatherproof card approximately three inches by four inches in size, containing the following words:

"NO SOLICITORS, PEDDLERS, OR CANVASSERS INVITED"

or

"ONLY SOLICITORS, PEDDLERS, OR CANVASSERS REGISTERED OR AUTHORIZED IN THE VILLAGE OF MUNDELEIN INVITED"

The letters shall be at least one-third inch in height. For purposes of uniformity, the village of Mundelein shall provide such cards to residents, on request, at the cost thereof. Such card so exhibited shall constitute sufficient binding notice to any persons of the information contained thereon. b(Ord. 93-5-14 § 12)

5.88.130 Duty of solicitors, peddlers and canvassers

It shall be the duty of every solicitor, peddler or canvasser, upon going onto any residential premises in the village of Mundelein, to first examine the notice provided for in Section 5.88.120, if any is exhibited, and be governed by the statement contained on the notice. If the notice states "ONLY SOLICITORS, PEDDLERS, OR CANVASSERS REGISTERED OR AUTHORIZED IN THE VILLAGE OF MUNDELEIN INVITED," then the solicitor, peddler or canvasser, who is not so qualified shall immediately and peacefully depart from the premises; and if the notice states, "NO SOLICITORS, PEDDLERS, OR CANVASSERS INVITED," then the solicitor, peddler or canvasser, whether registered or not, shall immediately and peacefully depart from the premises.

Any solicitor, peddler, or canvasser who has gained entrance to any residential premises, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by the occupant. (Ord. 93-5-14 § 13)

5.88.140 Uninvited soliciting, peddling and canvassing

It is unlawful and shall constitute a nuisance for any person to go upon any premises and ring the door bell upon or near any door of a residence located thereon, or tap or knock on any door, or create any sound in any other manner calculated to attract the attention of the occupant of such residence, for the purpose of securing an audience with the occupant thereof and engage in soliciting, peddling, or canvassing as herein defined, in defiance of the notice exhibited at the residence in accordance with the provisions of Section 5.88.120. (Ord. 93-5-14 § 14)

5.88.150 Time limit on soliciting, peddling and canvassing

It is unlawful and shall constitute a nuisance for any person, whether registered under this chapter or not, to go upon any premises and ring the door bell upon or near any door of a residence located thereon, or rap or knock upon any door, or create any sound in any other manner calculated to attract the attention of the occupant of such residence, for the purpose of securing an audience with the occupant thereof and engage in soliciting, peddling or canvassing as herein defined:

rior to nine a.m. or after nine p.m. on any day except Sundays or national holidays;

Prior to twelve noon or after six p.m. on Sundays; and

At any time on national holidays. (Ord. 93-8-28 § 1: Ord. 93-5-14 § 15)

5.88.160 Violation - Penalty

Any person violating any of the provisions of this chapter, or who makes a false material statement upon an application for a permit or certificate of registration, as provided herein, shall, upon conviction thereof, be subject to a fine of not less than twenty-five dollars and not more than five hundred dollars for each offense. (Ord. 93-5-14 § 16)

Chapter 5.94 PEDDLING OF FOODSTUFFS

5.94.010 Definitions

"Foodstuffs" means meat, poultry, fish, seafood, vegetables, milk, dairy products and other food and beverages sold or offered for sale, whether fresh, frozen or sold in cans, bottles, boxes, cartons or other containers.

"Peddling" means the selling or offering for sale of foodstuffs, as defined herein, for immediate delivery from house to house, building to building, or upon any street, highway or sidewalk within the village of Mundelein, but shall not include sales or deliveries on regularly established routes within the village, or by other persons having an established list of customers within the village to whom they make periodic deliveries. No person, firm or corporation who is licensed as an itinerant restaurant within the village of Mundelein shall be deemed to be a peddler. (Ord. 93-9-32 § 1)

5.94.020 Unlawful

It is unlawful to peddle foodstuffs, as defined herein, within the village of Mundelein. (Ord. 93-9-32 § 2)

5.94.030 Violation - Penalty

Any person, firm or corporation convicted of violating this chapter shall be deemed to be guilty of a misdemeanor and subject to a fine of not less than ten dollars and not more than five hundred dollars and/or imprisoned for a period not exceeding six months, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

Whenever a person, firm or corporation violates this chapter, the village may cause appropriate legal actions and proceedings, in law or in equity, to be instituted and maintained to enforce compliance herewith. (Ord. 93-9-32 § 3)

Chapter 5.97 MASSAGE THERAPY AND MASSAGE ESTABLISHMENTS

5.97.010 Definitions

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this chapter:

"Certified massage therapist" means an individual who has a minimum of five hundred hours of in classroom study courses, one hundred hours of clinical experience in a recognized school and has received a diploma in the field of massage therapy from a recognized school, or has passed the National Certification Examination for Therapeutic Massage and Bodywork (NCETMB), administered by the National Certification Program for Therapeutic Massage and Bodywork or any other examination exhibiting proficiency in massage therapy/bodywork approved by the state of Illinois, or a federal certifying agency; and is an active member of a nationally recognized massage therapy association, as a certified, professional or equivalent level, offering degrees and/or certification in massage therapy.

"Employee" means any and all persons, other than the certified massage therapists, who render any service in connection with the operation of a massage establishment and receives compensation from the licensee.

"Massage" means any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of the external soft parts of the body with the hands or with the aid of any mechanical or electrical apparatus or appliance with or without such supplementary aids as rubbing alcohol, liniments, hot and cold packs, antiseptics, oils, powder, creams, lotions, salt glows, ointments or other similar preparations commonly used in this practice.

"Massage establishment" means any, fixed place of business where any person, firm, association or corporation engages in, carries on, or licenses to be engaged in, or carried on any of the activities defined in this chapter.

"Off-premises massage" means the activity of providing massage therapy services by a licensed certified massage therapist, for a fee, at a location other than at a massage establishment.

"Licensee" means the operator of a massage establishment.

"Person" means any individual, co-partnership, firm, association, joint stock company, corporation or combination of individuals of whatever form or character.

"Recognized schools/training" means any school which meets any one or more of the following requirements:

A state approved school operating according to state regulations which has a current license, approval, accreditation and/or certification from the state in which it is located and provides an entry level massage training program of a minimum of five hundred hours of in-class work, and one hundred hours of clinical training, which program shall include anatomy and physiology, kinesiology, ethics, pathology, contraindications and clinical experience; or

A massage school program accredited/approved by the Commission on Massage Training/Approval and Accreditation (COMTAA).

Schools offering correspondence courses and not requiring actual class attendance shall not be deemed "recognized schools." All course work for hours credit shall be completed under the physical supervision of faculty.

"Sexual or genital area" means and includes the genitals, pubic area, buttocks, anus or perineum of any person or the vulva or breast of a female. (Ord. 99-8-46 § 1)

5.97.020 Massage establishment license required

It is unlawful for any person to engage in, conduct, carry on, or permit to be engage in, conducted or carried on, in or upon any premises in the village, the operating of a massage establishment as defined in this chapter, without first having obtained a license for a massage establishment from the village in addition to a business license, if required. (Ord. 99-8-46 § 2)

5.97.030 Massage establishment license application

The application for a license to operate, maintain or conduct a massage establishment shall be filed under oath with the village clerk upon a form provided by the village clerk and which shall set forth the exact nature of the massage to be administered, the proposed place of business and facilities therefor, the proposed number of employees, hours of operation and other relevant matters to the operation of business.

In addition to the foregoing, any applicant for a license, including any partner or limited partner of a partnership applicant, and any officer or director of a corporate applicant and any stockholder holding more than ten percent of the stock of a corporate applicant, shall furnish the following information:

Name and address;

Date of birth, as evidenced by a certified copy of the applicant's birth certificate showing that the individual is at least eighteen years of age;

All residential addresses for the past three years;

Driver's license number;

Social Security number;

The applicant's height, weight, color of eyes and hair;

The business, occupation or employment of the applicant for the three years immediately preceding the date of application;

The massage or similar business license history of the applicant whether such person, in previously operating in this or another city or state under license, has had such license revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation;

All criminal or city ordinance violation convictions, forfeiture of bond, and pleading or nolo contendere on all charges, except minor traffic violations;

If the applicant is a corporation, or a partner of a partnership is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation. A copy of its articles of incorporation and/or permission to do business in Illinois shall be attached.

All applicants for a massage establishment license shall submit to fingerprinting and photographing at the Mundelein police department. Fingerprints and photographs shall become part of this application.

The application for a license to operate a massage establishment shall state the name(s) of the individual(s) who will be the establishment's certified massage therapist(s). The application shall be accompanied by a copy of a diploma from a recognized school as defined by this chapter or certification that the applicant has passed the National Certification Examination for Therapeutic Massage and Bodywork (NCETMB), administered by the National Certification Program for Therapeutic Massage and Bodywork or any other examination exhibiting proficiency in massage therapy/bodywork approved by the state of Illinois issued to any such certified massage therapist. In addition, a certified copy of the academic transcript of any such certified massage therapist shall be forwarded to the village clerk directly from the educational institution issuing the certified massage therapist's diploma. No massage establishment license shall be issued without at least one certified massage therapist licensed in accordance with Section 5.97.140 employed at the establishment. All certified massage therapists working at a licensed massage establishment must be licensed by the village of Mundelein in accordance with this chapter.

The application for a license to operate, maintain or conduct a massage establishment shall be accompanied by a nonrefundable filing fee of two hundred fifty dollars. If a massage establishment license is issued, a renewal application shall be filed annually. A nonrefundable filing fee of two hundred fifty dollars shall be paid annually. The fee shall be in addition to any business license that may be required. The village clerk shall issue a receipt and attach a copy of such receipt to the application. Fees to cover the actual cost of fingerprinting shall be paid at the police department. The fees shall be as established from time to time by the Illinois State Police. (Ord. 99-8-46 § 3)

5.97.040 Massage establishment license application review

The village clerk shall verify that the application is complete and, within five days, refer copies of such application with all attachments to the building commissioner, fire chief and police chief. The aforementioned village officials shall, within thirty days after receipt from the village clerk, review the application and inspect the premises proposed to be operated as a massage establishment. The building commissioner shall review the facility for compliance with this chapter and other related village codes and ordinances and state and federal laws. The fire chief shall review the facility for compliance with fire safety ordinances, and the police chief shall review the persons applying for such license and those employed by the applicant for compliance with this chapter and other related village codes and ordinances and state and federal laws. The aforementioned village officials shall make written recommendations to the village clerk concerning compliance with the village of Mundelein codes, and federal and state law.

Within ten days of receiving the recommendations of the aforementioned village officials, the village clerk shall notify the applicant that his or her application is granted, denied or held for further investigation. The period of such additional investigation shall not exceed an additional thirty days unless otherwise agreed to by the applicant. Upon the conclusion of such additional investigation, the village clerk shall advise the applicant in writing whether the application is granted or denied. An application may be denied by the village clerk if it is found that:

The operation, as proposed by the applicant, would not have complied with the applicable federal, state and municipal ordinances, including but not limited to the building, fire, health and zoning codes of the village;

The applicant and/or any other person who will be directly or indirectly engaged in the management and operation of a massage establishment has been convicted of:

The applicant is found to be guilty of fraud or deceit in his or her application for a massage establishment, or fraud or deceit in his or her application for a massage therapist license;

The applicant is engaged in the practice of massage as a certified massage therapist under a false or assumed name, or is impersonating another massage therapist of a like or different name;

The applicant is found to be guilty of fraudulent, false, misleading or deceptive advertising, or that he or she prescribes medicines, drugs or practices any other licensed profession without legal authority therefor;

The applicant has previously had his or her license to operate as a massage establishment or a certified massage therapist revoked in the village of Mundelein or any other state or municipality;

The applicant fails or refuses to promptly give any information relevant to the investigation of the application, to appear at any reasonable time and place for examination under oath regarding the application, to submit to or cooperate with any inspection required by this chapter.

Every massage establishment license issued pursuant to this chapter shall be issued for the balance of the fiscal year and shall expire on April 30th of the same fiscal year, unless sooner suspended or revoked. No prorations of the fees shall be made.

Massage establishment licenses are nontransferable.

5.97.050 Massage establishment facility required

No massage establishment shall be issued a license, nor be operated, established or maintained in the village of Mundelein unless an inspection by the building commissioner reveals that the establishment complies with each of the following minimum requirements:

Construction of room used for toilets, tubs, steam baths, and shower shall be made waterproof with approved waterproof materials and shall be installed in accordance with the building code of the village of Mundelein.

All massage tables, bathtubs, shower stalls, steam or bath areas and floors shall have surfaces which may be readily disinfected.

When male and female patrons are being served simultaneously, separate massage therapy, toilet and dressing rooms shall be provided, wherein toilet and dressing rooms may be the same room.

The premises shall have adequate equipment for disinfecting and sterilizing nondisposable instruments and materials used in administering massages. Such nondisposable instruments and materials shall be disinfected after use on each patron.

Closed cabinets shall be provided and used for storage of clean linen, towels and other materials used in connection with administering massages. All soiled linens, towels and other materials shall be kept in properly covered containers or cabinets, which containers or cabinets shall be kept separate from the clean storage area.

Lavatories or wash basins provided with both hot and cold running water shall be installed in either the toilet room or a vestibule. Lavatories or washbasins shall be provided with soap and a dispenser and with sanitary towels.

The premises shall be equipped with a service sink for custodial services.

A stationary or portable professional massage table with appropriate headrest.

The doors to the individual massage rooms shall not be equipped with any locking device and shall not be blocked or obstructed from either side. (Ord. 04-05-24 § 1)

5.97.060 Massage establishment license issuance

Upon receipt of favorable recommendations of the village officials referred to in this chapter, that the applicant(s) and the proposed establishment are in compliance with all of the requirements of this chapter, the village clerk shall issue a license to maintain, operate or conduct a massage establishment. (Ord. 99-8-46 § 6)

The denial by the village clerk with regard to the issuance of a massage establishment license under this chapter shall be reviewed by the village administrator or his or her designee upon the written request of the applicant filed with the village administrator or his or her designee within ten days of such denial. The village administrator or his or her designee shall conduct a hearing to review the materials provided to the village, the report of the village clerk or any other village employee or witnesses. The applicant may present any evidence relevant to the denial.

Any license issued for a massage establishment may be suspended by the village clerk, upon receipt of a written report from any of the village officials referred to in Section 5.97.040(a) that: (1) the licensee has violated any provisions of this chapter or any other municipal ordinance or state or federal law; or (2) any employee of the licensee, including a certified massage therapist, has engaged in any conduct at the licensee's place of business which violates any of the provisions of this chapter or any state law; or (3) where any applicant has made a false statement on an application for a license under this chapter; or (4) in any case where the licensee refuses to permit any duly authorized police officer or inspector of the village to inspect the premises or the operations therein; or (5) that such business is being managed, conducted or maintained without regard for the public health or health of patrons or customers or without due regard to proper sanitation or hygiene. The village clerk shall provide written notice of the suspension of the massage establishment license to the licensee, which notice shall state the reason(s) for the suspension. The licensee may request a hearing in writing within ten days of receipt of the notice before the village administrator or his or her designee. The village administrator or his or her designee shall conduct a hearing to review the materials provided to the village, the report of the village clerk or any other village employee or witnesses. The licensee shall be permitted to present any relevant evidence bearing on the reasons set forth in the notice.

Any license issued for a massage establishment may be revoked by the village clerk upon receipt of a written report from the village officials referred to in Section 5.97.040(a) that: (1) the provisions of this chapter or the Illinois State Statutes have been violated; or (2) any employee of the licensee, including a certified massage therapist, has engaged in any conduct at the licensee's place of business which violates any of the provisions of this chapter or any state law; or (3) where any applicant has made a false statement on an application for a license under this chapter; or (4) in any case where the massage establishment licensee, certified massage therapist or any employee refuses to permit any duly authorized police officer or inspector of the village to inspect the premises or the operations therein; or (5) that such business is being managed, conducted or maintained without regard for the public health or health of patrons or customers or without due regard to proper sanitation or hygiene; or (6) for a previous suspension of an establishment license. The village clerk shall provide written notice of the revocation of the massage establishment license to the licensee, which notice shall state the reason(s) for the revocation. The licensee may request a hearing in writing within ten days of the receipt of the notice before the village administrator or his or her designee. The village administrator or his or her designee shall conduct a hearing to review the materials provided to the village, the report of the village clerk or any other village employee or witnesses. The licensee shall be permitted to present any relevant evidence bearing on the reasons set forth in the notice.

Any violation of this chapter by any employee of the licensee including a certified massage therapist may be cause for suspension or revocation of the license.

Any decision of the village administrator or his or her designee made under this section is reviewable under the Administrative Review Law, 735 ILCS 5/3-101, et. seq. (Ord. 99-8-46 § 7)

5.97.080 Massage establishment operating requirements

Every portion of the massage establishment, including appliances and apparatus, shall be kept clean and operated in a sanitary condition.

The license to operate the massage establishment, the licenses of the certified massage therapists, as well as the price rates for all services, shall be prominently posted in the reception area in a location available to all prospective customers.

All massage establishments shall be provided with clean, laundered sheets and towels in sufficient quantity and shall be laundered after each use thereof and stored in a sanitary manner.

The sexual or genital area of patrons must be covered by towels, cloths or undergarments when in the presence of an employee or certified massage therapist.

It is unlawful for any person in a massage establishment to place his or her hand upon, to touch with any part of his or her body, to fondle in any manner or to massage, a sexual or genital area of any person.

No certified massage therapist, employee or operator shall perform, offer or agree to perform any act which would require the touching of the patron's genital area.

All walls, ceilings, floors, pools, showers, bathtubs, steam rooms and all other physical facilities shall be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments, and toilet rooms shall be thoroughly cleaned after each use. When carpeting is used on the floors, it shall be kept dry.

Oils, creams, lotions or other preparations used in administering massages shall be kept in clean, closed containers or cabinets.

Eating and drinking in the massage work areas shall not be permitted. Animals, except for seeing-eye and other licensed service dogs, shall not be permitted in the massage work area.

No certified massage therapist shall administer a massage to a patron exhibiting any skin fungus, skin infection, skin inflammation or skin eruption, unless a physician duly licensed by the state of Illinois certifies in writing that such person may be safely massaged prescribing the conditions thereof.

Each certified massage therapist shall wash his or her hands in hot running water, using a proper soap or disinfectant before administering a massage to each patron.

Massage may be practiced only for the purposes of physical fitness, relaxation or medical therapy. The practice of massage for any other purpose is prohibited.

The hours of operation for massage establishments shall be limited to between six a.m. and nine p.m. (Ord. 99-8-46 § 8)

5.97.090 Employment of person under the age of eighteen prohibited

It is unlawful for any owner, proprietor, manager, or other person in charge of any massage establishment to employ any person who is not at least eighteen years of age. (Ord. 99-8-46 § 9)

5.97.100 Massage establishment inspections

The building commissioner shall, from time to time and at least twice a year, make an inspection of each massage establishment granted a license under the provisions of this chapter for the purposes of determining that the provisions of this chapter are complied with. Such inspections shall be made at reasonable times and in a reasonable manner. It is unlawful for any licensee to fail to allow such inspection officer access to the premises or to hinder such officer in any manner. (Ord. 99-8-46 § 10)

5.97.110 Employing licensed certified massage therapists required

It shall be the responsibility of the licensee for the massage establishment, or the employer of any persons purporting to act as certified massage therapists, to insure that each person employed as a certified massage therapist shall first have obtained a valid certified massage therapist license pursuant to this chapter.

It is unlawful to engage in, conduct, operate, carry on or permit to be engaged in, conducted, operated or carried on, in or upon any premises in the village the business of a massage establishment without having all employed certified massage therapists being licensed certified massage therapists. (Ord. 99-8-46 § 11)

5.97.120 Certified massage therapist license required

t is unlawful for any person, association, firm or corporation to practice or administer any method of massage listed in this chapter without first obtaining and maintaining in effect a certified massage therapist license as required by this chapter. (Ord. 99-8-46 § 12)

5.97.130 Certified massage therapist license application

The application for a certified massage therapist license shall contain the following:

Name and residence address;

Date of birth, as evidenced by a certified copy of applicant's birth certificate showing that the individual is at least eighteen years of age;

Social Security number and driver's license number, if any;

Applicant's weight, height, color of hair and eyes;

Business occupation or employment of the applicant for the three years immediately preceding the date of application;

A statement whether the applicant has ever been convicted of, pled nolo contendere to, or suffered a forfeiture on a bond charge of committing any crime except minor traffic violations. If the answer is in the affirmative, a statement must be made giving the place and the court in which such conviction plea or forfeiture was had, the specific charge under which the conviction plea or forfeiture was imposed as a result thereof;

A statement by a physician duly licensed by the state of Illinois on a form provided by the village clerk that the applicant has undergone a physical examination within the last thirty days and has been found to be free from any contagious or communicable disease, or incapable of communicating any such diseases to others. A new statement, as referred above, shall be required prior to the required annual application of the request for certified massage therapist license;

Name and address of the massage establishment where the applicant will be working;

A copy of the diploma from a recognized school as defined by in this chapter or certification that the applicant has passed the National Certification Examination for Therapeutic Massage and Bodywork (NCETMB), administered by the National Certification Program for Therapeutic Massage and Bodywork or any other examination exhibiting proficiency in massage therapy/bodywork approved by the state of Illinois;

Certification that the applicant is an active member of a nationally recognized massage therapy association shall accompany the application;

Evidence that the applicant has obtained no less than one million dollars per occurrence professional liability insurance prior to a license being issued.

The applicant for a certified massage therapist license shall submit to fingerprinting and photographing at the Mundelein police department. Fingerprints and photographs shall become a part of this application.

A certified copy of the academic transcript of any such certified massage therapist shall be forwarded to the village clerk directly from the educational institution issuing such certified massage therapist diploma. (Ord. 99-8-46 § 13)

5.97.140 Certified massage therapist license application review

Every applicant for license as a certified massage therapist to engage in the practice of massage listed in this chapter, in the village of Mundelein, shall file an annual application for a certified massage therapist license with the village clerk upon a form provided by the village clerk and shall pay a nonrefundable filing fee of one hundred dollars annually. The village clerk shall issue a receipt and attached a copy of such receipt to the application filed with the village clerk. Fees to cover the actual cost of fingerprinting shall be paid to the police department. The fees shall be as established from time to time with the Illinois State Police. The license application fee shall be waived when the certified massage therapist is the primary applicant on the massage establishment license application and has paid the required massage establishment application fees and has been issued a duly authorized massage establishment license.

The village clerk shall verify that the application is complete and, within five days, refer copies of such application with all attachments to the police chief. The police chief shall, within thirty days, review the application and all attachments and make written recommendations to the village clerk concerning compliance with the village of Mundelein codes, and federal and state law.

Within ten days of receiving the recommendations of the police chief, the village clerk shall notify the applicant that his or her application is granted, denied or held for further investigation. The period of such additional investigation shall not exceed an additional thirty days unless otherwise agreed to by the applicant. Upon the conclusion of such additional investigation, the village clerk shall advise the applicant in writing whether the application is granted or denied. An application may be denied by the village clerk if found that:

The applicant is found to be guilty of fraud or deceit in his or her application for a certified massage therapist license;

The applicant is engaged in the practice of massage as a certified massage therapist under a false or assumed name, or is impersonating another certified massage therapist of a like or different name;

The applicant is found to be guilty of fraudulent, false, misleading or deceptive advertising, or that he or she prescribes medicines, drugs or practices any other licensed profession without legal authority therefor;

The applicant has previously had his or her certified massage therapist license revoked in the village of Mundelein or any other state or municipality;

The applicant fails or refuses to promptly give any information relevant to the investigation of the application, or to appear at any reasonable time and place for examination under oath regarding the application;

The applicant does not possess a valid massage license issued by the Illinois Massage Licensing Board pursuant to 225 ILCS 57/35.

Every certified massage therapist license issued pursuant to this chapter shall be issued for the balance of the fiscal year and shall expire on April 30th of the same fiscal year, unless sooner suspended or revoked. No prorations of the fees shall be made.

Upon receipt of favorable recommendations by the police chief that the applicant is in compliance with all of the requirements of this chapter, the village clerk shall issue a license to provide services as a certified massage therapist. (Ord. 99-8-46 § 15)

5.97.160 Certified massage therapist identification card required

The village clerk shall provide each certified massage therapist granted a license with an identification card which shall contain a photograph of the licensed certified massage therapist and the full name and license number assigned to the licensed certified massage therapist. The identification card shall be worn on the front of the outer most garment of the certified massage therapist when providing the massage services permitted in this chapter. (Ord. 99-8-46 § 16)

The denial by the village clerk with regard to the issuance of a massage therapist license under this chapter shall be reviewed by the village administrator or his or her designee upon the written request of the applicant filed with the village administrator or his or her designee within ten days of such denial. The village administrator or his or her designee shall conduct a hearing to review the materials provided to the village, the report of the village clerk or any other village employee or witnesses. The applicant may present any evidence relevant to the denial.

Any license issued for a massage therapist may be suspended by the village clerk, upon receipt of a written report from the police chief that: (1) the licensee has violated any provisions of this chapter or any other municipal ordinances or state or federal law; or (2) where any applicant has made a false statement on an application for a license under this chapter; or (3) in any case where the certified massage therapist licensee refuses to permit any duly authorized police officer or inspector of the village to inspect the premises or the operations therein; or (4) that the licensee is acting without regard for the public health or health of patrons or customers, or without due regard to proper sanitation or hygiene. The village clerk shall provide written notice of the suspension of the certified massage therapist license to the licensee, which notice shall state the reason(s) for the suspension. The licensee may request a hearing in writing within ten days of receipt of the notice before the village administrator or his or her designee. The village administrator or his or her designee shall conduct a hearing to review the materials provided to the village, the report of the village clerk or any other village employee or witnesses. The licensee shall be permitted to present any relevant evidence bearing on the reasons set forth in the notice.

Any license issued for a massage therapist may be revoked by the village clerk upon receipt of a written report from the police chief that: (1) the provisions of this chapter or the Illinois State Statutes have been violated; or (2) the licensee has engaged in any conduct which violates any of the provisions of this chapter or any state law; or (3) where the applicant has made a false statement on an application for a license under this chapter; (4) that the licensee is acting without regard for the public health or health of patrons or customers or without due regard to proper sanitation or hygiene; or (5) for a previous suspension of a certified massage therapist license. The village clerk shall provide written notice of the revocation of the certified massage therapist license to the licensee, which notice shall state the reason(s) for the revocation. The licensee may request a hearing in writing within ten days of the receipt of the notice before the village administrator or his or her designee. The village administrator or his or her designee shall conduct a hearing to review the materials provided to the village, the report of the village clerk or any other village employee or witnesses. The licensee shall be permitted to present any relevant evidence bearing on the reasons set forth in the notice.

Any decision of the village administrator or his or her designee made under this section is reviewable under the Administrative Review Law, 735 ILCS 5/3-101, et. seq. (Ord. 99-8-46 § 17)

5.97.180 Advertising

No massage establishment granted a license under provisions of this chapter shall place, publish or distribute or cause to be placed, published or distributed any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective patrons that any services are available, other than those services described provided for by this chapter, or that employees, certified massage therapists, are dressed in any manner other than prescribed in this chapter, nor shall any massage establishment indicate in the text of such advertising that any services are available other than those services provided for by this chapter. (Ord. 99-8-46 § 18)

5.97.190 Time limit for filing application for license

All persons who operate a massage establishment or who are employed as a certified massage therapist at the time of the adoption of this chapter, must file for a license within three months of the effective date of this chapter. (Ord. 99-8-46 § 19)

5.97.200 Off-premises massage services

A licensed certified massage therapist may provide any of the services listed in this chapter only at a permanent residence or massage establishment. No "off-premises massage" services may be provided other than by a licensed certified massage therapist. All services performed by the licensed certified massage therapist must be performed in the manner prescribed in this chapter, where applicable. (Ord. 99-8-46 § 20)

5.97.210 Exemptions

The provisions of this chapter shall not apply to other units of government, hospitals, nursing homes, santeria, or persons holding an unrevoked certificate to practice the healing arts under the laws of the state or persons working under the direction of any such persons or in any such establishments; nor shall this chapter apply to barbers or cosmetologists lawfully carrying out their particular profession or business and holding a valid, unrevoked license or certificate of registration issued by the state; nor shall this chapter apply to any state registered athletic trainer who administers such athletic-related massage in the normal course of training duties, whereas such massage is part of the "Illinois Athletic Practice Act." (Ord. 99-8-46 § 21)

5.97.220 Rules and regulations

The village board may, after a public hearing, make and enforce reasonable rules and regulations not in conflict with, but to carry out the intent of this chapter. (Ord. 99-8-46 § 22)

5.97.230 Violation and penalty

Every person except those persons who are specifically exempted by this chapter, whether acting as an individual, owner, employee of the owner, operator, or employee of the operator, or whether acting as a mere helper for the owner, employee or operator, or acting as a participant or worker in any way, who gives massages or conducts a massage establishment without first obtaining a license or a certified massage therapist license and paying the appropriate fees to do so from the village of Mundelein, or shall violate any of the provisions of this chapter, shall be guilty of a misdemeanor. Upon conviction, such person shall be punished for each offense by a fine not less than fifty dollars and not more than five hundred dollars, or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment. (Ord. 99-8-46 § 23)

5.97.240 Maintaining public nuisance

Any building used as a massage establishment in violation of this chapter with the intentional, knowing, reckless or negligent permission of the owner thereof, or the agent of the owner managing the building, together with all fixtures and other property used in violation of this chapter, are declared to be a nuisance. (Ord. 99-8-46 § 24)

5.97.250 Severability

If any section, subsection, subdivision, paragraph, sentence, clause or phase in this chapter, or any part hereof, is for any reasons held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not effect the validity or effectiveness of the remaining portions of this chapter or any part thereof. (Ord. 99-8-46 § 25)

For purposes of this chapter, video gaming terminal shall have the same meaning as set forth in the Illinois Gaming Act (230 ILCS 40/65). (Ord. No. 12-10-43, § 2(I), 10-22-12)

5.98.020 Premises on which video gaming terminals are permitted

Licensed retail establishments in the village of Mundelein where alcoholic liquor is drawn, poured, mixed or otherwise served for consumption on the premises as permitted under the Act, the State Gaming Board Regulations and the rules and regulations contained in this chapter, and where no cash-dispensing terminal, as defined in 205 ILCS 616/1 et seq., is located in or on such premises; and

Licensed fraternal establishments, veteran establishments and truck stop establishments in the village of Mundelein as permitted under the Act, the State Gaming Board Regulations and the rules and regulations contained in this chapter, in which no cash-dispensing terminal, as defined in 205 ILCS 616/1 et seq., is located in or on such premises. (Ord. No. 12-10-43, § 2(II), 10-22-12)

5.98.030 Fee

There is hereby imposed on the privilege of operating every video gaming terminal in this village, as defined in the Illinois Video Gaming Act, 230 ILCS 40/1, et seq., an annual fee of one hundred fifty dollars for each such device. (Ord. No. 12-10-43, § 2(III), 10-22-12)

5.98.040 License required

No person shall keep or display for operation or patronage by the public within this village any video gaming terminal without having first obtained a written license therefor from the village, which license shall be hung in plain view in a conspicuous place on the licensed premises, and such posted license shall include the number of video gaming terminals licensed on such premises. It shall be a prerequisite to any such video gaming terminal license issued by the village that such establishment keeping the video gaming terminal have in place the following licenses:

A valid license from the Illinois Gaming Board for each such device; and

If alcoholic liquor is drawn, poured, mixed or otherwise served for consumption on the premises, (a) a valid state of Illinois liquor license issued by the Illinois Liquor Commission; and (b) a valid Class A, A1 or H liquor license for service of alcoholic liquor on the premises issued by the Mundelein liquor control commissioner.

The revocation, loss or suspension of any license set forth in subsections (1), (2) (a) or 2 (b) of this section shall automatically result in the revocation, loss or suspension of the village video gaming terminal license issued hereunder, without refund of any license fee, for all video gaming terminals licensed for the establishment. (Ord. No. 12-10-43, § 2(IV), 10-22-12)

5.98.050 Application form required

An annual application for a video gaming terminal license shall be made to the village on forms furnished by the village clerk. The application shall set forth the number of video gaming terminals for which permission is sought for a particular premises, and shall include a copy of the licenses issued from the state of Illinois for each video gaming terminal at that location, and a copy of the applicant's state of Illinois and village of Mundelein liquor license for that location, if applicable, and shall be accompanied by payment of a non-refundable application fee in the amount of two hundred fifty dollars. (Ord. No. 12-10-43, § 2(V), 10-22-12)

5.98.060 Location restrictions

An establishment requesting a license for video gaming terminals shall be a minimum of one hundred feet from a preexisting school or a place of worship under the Religious Corporation Act (805 ILCS 110/0.01 et seq.). Distance shall be determined by measuring the distance from a proposed or existing licensed video gaming location to a preexisting school or place of worship by drawing a straight line between the closest part of the building used for the proposed or existing licensed video gaming location and the closest part of any building used for the school or place of worship. (Ord. No. 12-10-43, § 2(VI), 10-22-12)